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HomeMy WebLinkAboutcoa.lu.ec.620 N Third St 329 Lake Ave Lot Line.0038.2008_ 2735.232.08. 2735.124.02.001 0038.2008 �7 E THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0038.2008.ASLU 2735-121-08-003 & 2735-124-02-001 620 N. THIRD ST & 329 LAKE AVE LOT LINE ERRIN EVANS LOT LINE AJUSTMENT E.A. ALTEMUS PARTNERSHIP, LLLP 10/3/2008 CLOSED BY Angela Scorey on 03/05/2009 NOTICE OF APPROVAL For A Lot Line Adjustment Parcel ID No. 2735-121-08-003 - 2735-124-02-001 APPLICANT: E.A. Altemus Partnership. LLLP and Sheldon and Marianne S. Lubar REPRESENTATIVE: John Case, Esq. and Chris Bryan, Esq. SUBJECT OF 620 N. Third Street and 329 Lake Avenue Lot Line AMMENDMENT: Adjustment SUMMARY: On behalf of the owners of the two subject properties, John Case and Chris Bryan have applied for a lot line adjustment to resolve a dispute over the location of the lot boundary. Originally when the lots in the west end were first created in the 1800's, they were mapped on paper. Later in the 1900's when surveyors starting working on the properties they that found that many of the property lines were off a few feet when measured on the ground. When the applicant's surveyor attempted to correct the discrepancy, the result was an overlap of the Altemus property and the Lubar property. The applicant would like to remedy the situation by dividing the difference between the two lots and allocating one foot on each side of the overlap to each property. The applicant proposes to keep the line straight but it will be rotated slightly north at the west end of the property boundary so that the existing structures will not be located in the minimum side yard setback area. STAFF EVALUATION: A Subdivision Exemption for a Lot Line Adjustment may be approved, approved with conditions, or denied by the Community Development Director pursuant to Land Use Code Section 26.480.040(A), Lot Line Adjustment. This adjustment will have an impact on floor area calculations. 329 Lake Avenue will have a reduced lot area of 166.52 square feet which will result in a lower amount of allowable floor area by 100 square feet. The property located at 620 N Third Street will not be permitted to use the increase in lot area towards floor area. Staff supports the proposed amendment because it is minor in nature and does not affect the dimensional requirements of the R-6 zone district. By rotating the new lot line, the existing structures will not encroach on the side yard setback. Staff finds that the proposed amendment meets the criteria for a lot line adjustment for Section 26.4.80.030 of the City of Aspen Land Use Code. REVIEW CRITERIA: The lot line adjustment between contiguous lots must meet all of the following conditions: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and This application is an insubstantial boundary change between adjacent parcels. Staff finds this criterion to be met. b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and All landowners have provided written consent to this application. Staff finds this criterion to be met. c. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and All dimensional requirements of the R-6 zone district in the land use code have been complied with in this application. The side yard setback is marginal but meets the S feet minimum requirement between the principal structure and the lot line. The Historic Preservation staff indicated that this change will alter the historic lot line pattern in this area. Staff finds this criterion to be met. d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR, or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. Allowable floor area will remain the same. No development rights will change as a result of the lot line adjustment. Staff finds this criterion to be met. DECISION: The Community Development Director finds the application is consistent with the review criteria for a Lot Line Adjustment Land Use Code Section 26.480.030 and Common Development Review Procedures Section 26.304 and thereby, APPROVES the amendment as specified below. The approved amendment to Lot 9 and parts of Lot 10 and 12 and the NW portion of Lot 10 of Hallam's Addition allows for an amended plat to be recorded at the Pitkin County Clerk and Recorder Office. Appropriate signatures, including the N Director of Community Development and the City Engineer, are required. The Applicant shall prepare and record a lot line adjustment plat with the Pitkin County Clerk and Recorder that meets the City of Aspen's land use code plat requirements within 180 days of this approval. APPROVED BY: s Wencion Community Development Director & -�;5 2al& Date Page 1 of 1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970) 429-2707 www.PitkinClerk.orp- Pitkin County, Transaction #: 12020 Receipt #: 200806115 Cashier Date: 10/8/2008 11:41:10 AM (JHAAS) I IIIIII IIIII III IIIII IIIII IIII IIII Print Date: 10/8/2008 1 l :41:13 ANI Customer Information Transaction Information Payment Summary DateReceived: 10/08/2008 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the Counter Total Fees $21.00 ATTN CITY CLERK Return Code: Over the Total Payments $21.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments P CHECK 111 15a" Q� �� �� ��� $21.00 1 Recorded Items 01=1 BK/PG:88/67 Reception:553445 Date:10/8/2008 (PLAT) PLAT 11:41:10 AM From: To: Plat Recording @ $10 per page $1 Surcharge 1 2 $21.00 0 Search Items 0 Miscellaneous Items file://CAProgram Files\RecordingModule\default.htm 10/8/2008 2�-351214��3 2�-351Z�i02d0 � File Edit Record Navigate Form Reports Format Tab Help 1 J ►x ► ►J - - Ir= Jump t - 0 �1-iAA�7j ■ u�.J .� Main) Custom Fields I Attachments) Follow -Up Notifications I Fees I Conditions I Actions I Fee Summary I Parcels I Sub Permits I Rouling History i Routing Status I Valuation Permit Type laslu Aspen Land Use Permit # SAddress 620 N THIRD ST Apt/Suite a City ASPEN State CO Zip 81611 J " Permit Information Master Permit J Routing queue aslu07 Applied 08122/2008 Project J Status 1pending Approved �— J Description LOT LINE ADJUSTMENT 620 N THIRD ST/329 LAKE AVE Issued F— J Final �— J Submitted CHRIS 925.1936,J0HN 925-8394 Clock Running Days F Expies /17/2009 J Owner Last Name ALTEMUS E A PARTNERSHIF J First Name 162ON 3RD ST ASPEN CO 81611 Phone (970) 925 A96 Owner Is Applicant? Appkant Last Name JALTEMUS E A PARTNERSHIP J First Name 620 N 3RD ST ASPEN CO 81611 Phone (970] 925.3996 Cust # 25a88 J Lender - Last Name J First Name �— Phone F— AspenGold(b) —j j Roc k)r-eq 8G22yoP�3 ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: C.A. A (1-e LLLP a-M4 SArf,Lnqt. ".- Location: c��crvvt �►ris G.vi�'�� J� 3� ���� Indicate street address, lot & block number, legal description where approriate) Parcel ID # (REQUIRED) 214 I&S 111 2 F.PRF.CF.NTATIVF.: Name: ��✓� CG&� C���S a✓1 Address: C Phone #: �t-1 O c-11 RO.IECT: Name: iq LTgg L to 8 q tor C. i -q;D u T &-t E N T Address: r. 20 N. 3 r_1 �zkG A C Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous 2Rprovals, etc. �� 'ltJ�n�' c.�sGr�lo�byl o-P 1�' ro�os�u � s��-Y�Ic�-►^ tOPOSAL: (description of proposed buildings, uses, modifications etc.)I - Od Have you attached the following? FEES DUE: S 0 Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 429-2765 DATE: 04.15.2008 PROJECT: Salter/Lubar Lot Line Adjustment REPRESENTATIVE: Chris Bryan — 920.5808 John Case — 925-9384 DESCRIPTION: The applicants would like to amend the common lot line between their two properties to reflect an agreement regarding the boundary. There is a strip of land approximately 2 feet wide that is claimed by both property owners. A fence installed based on a prior survey (old survey from the 50s or 60s) disagrees with a more current survey. The purpose of the lot line adjustment is to resolve this dual -claim issue and survey error by altering the lot line. The property owners have come to an agreement. Staff considers this adjustment to be an insubstantial boundary adjustment with no noticeable effect upon the development rights of either property. The proposed lot line will need to accommodate the five foot setback requirement of the Lubar residence in order to maintain this as a conforming structure. This can be accommodated by slightly altering the proposed boundary line. Staff prefers straight property lines and the new boundary does not need to be parallel to other lot lines. Applicant should submit 2 copies of a draft plat for review. After comments are provided, the applicant will need to provide two mylar copies with the appropriate ownership signatures for recording. Recording fees will be requested by the City Clerk once the plat is ready to be filed with the County Clerk. Any reference documents, agreements, etc. can be filed at the same time as the plat. Relevant Land Use Code Section(s): 26.306 General Review Procedures 26.480.030.A.1 Lot Line Adjustment Review by: Community Development Director, City Engineer Referral Agencies: City Engineer. Planning Fees: Flat Fee - $590 Referral Agency Fees: Engineering minor - $212 Total Deposit: $802 (flat fees, no additional billing) To apply, submit the following information: Proof of ownership (both properties) with payment. LE �Si ned fee agreement. 13-4plicant's name, address and telephone number in a letter signed by the applicants which states the name, address and telephone number of the representatives authorized to act on behalf of the applicant. ®' Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. "tal deposit for review of the application. 1 Q 2 Copies of the complete application packet and maps. FHPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 Q/Draft Lot Line Adjustment plat showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Please show existing structures and improvements. Please show setback dimensions of Lubar structure to confirm minimum setback compliance. C2' A written description of the proposal and an explanation in written form of how the proposed development complies with the review standards (refer to criteria in Sect 26.480.030. A.1). Please include existing conditions as well as proposed. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. PROPOSAL DESCRIPTION AND COMPLIANCE EXPLANATION Re: Salter/Lubar Lot Line Adiustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 Representative: John H. Case, Esq. AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Representative: Christopher D. Bryan, Esq. An existing fence installed between two properties is based on an old survey from the mid-1900s that differs from a more current survey. The discrepancy in the surveys produces a strip of land approximately two feet (2') wide between the properties that both applicants for this lot line adjustment have claimed. The applicants have reached an agreement on a new lot line and have provided written consent to this application (see attached letter with authorizing signatures). They would like to amend the common lot line between their two properties as indicated on the enclosed draft plat (see draft plat). The purpose of the lot line adjustment is to resolve this survey error by altering the lot line in an equitable fashion. This adjustment would settle any and all claims by and between the parties currently pending in Pitkin County District Court Case No. 07 CV 133. This adjustment is an insubstantial boundary adjustment with no noticeable effect upon the development rights on either property, as determined by staff (see Pre -Application Conference Summary). The proposed lot line will accommodate the five-foot (5') setback requirement of the Lubar residence in order to maintain this as a conforming structure in Zone District R-6 per Title 26 of the City of Aspen Municipal Code (see draft plat). Both properties will conform to the requirements of Title 26 and meet the standards of Chapter 26.480. This lot line adjustment will not affect development rights of the applicants (including any increase in FAR or permitted density of the affected lots) by providing the opportunity to create a new lot for resale or development. A plat note has been added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. 3105443 1 PROPOSAL DESCRIPTION AND COMPLIANCE EXPLANATION Re: Salter/Lubar Lot Line Adjustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 Representative: John H. Case, Esq. AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado, 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Representative: Christopher D. Bryan, Esq. An existing fence installed between two properties is based on an old survey from the mid-1900s that differs from a more current survey. The discrepancy in the surveys produces a strip of land approximately two feet (2') wide between the properties that both applicants for this lot line adjustment have claimed. The applicants have reached an agreement on a new lot line and have provided written consent to this application (see attached letter with authorizing signatures). They would like to amend the common lot line between their two properties as indicated on the enclosed draft plat (see draft plat). The purpose of the lot line adjustment is to resolve this survey error by altering the lot line in an equitable fashion. This adjustment would settle any and all claims by and between the parties currently pending in Pitkin County District Court Case No. 07 CV 133. This adjustment is an insubstantial boundary adjustment with no noticeable effect upon the development rights on either property, as determined by staff (see Pre -Application Conference Summary). The proposed lot line will accommodate the five-foot (5') setback requirement of the Lubar residence in order to maintain this as a conforming structure in Zone District R-6 per Title 26 of the City of Aspen Municipal Code (see draft plat). Both properties will conform to the requirements of Title 26 and meet the standards of Chapter 26.480. This lot line adjustment will not affect development rights of the applicants (including any increase in FAR or permitted density of the affected lots) by providing the opportunity to create a new lot for resale or development. A plat note has been added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. 3105443 s O SO l0 ,� brt SCALE:B10' BASS OFF BEAPoNG! FOUND MONUMENi3 A9 9NOWN �[ YOi i!FRTIFIC.ATFV SURVEY MADE UNDER MT SwEMi gNP MT& OZEpNCTS A Zta4 a LQTS T B B ANO THE OTIERLY ELOT 6, 0. TaK 102AO9IWCrTy OFASPEN,CDIEONE SdOSEFOUNOT OCTEEITRELY -� W— THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY TIE LOCATION AND DIMENSIONS M ALL BULDNIDS,MPIOJEMENT3, EASEMENTS, RIGHTS -OE -WAY IN EVIDENCE OR INOWN TD ME AND ENCROACHMENTS BY OR ON THESE PREMISS ME ACCURATELY 51gNN. ALPINE SLeNEYS Erg 1 M�Br%l RECEIVED NAr � a rmT OVEN AULB.OpUMDESf Alpha Surveys Severed NOV.T9 MM RA,Ib 12AUG. 19B5 UPDATE TdM IMPROVEMENT SURVEY JlbNo 14-1 DpNe d 7 NOV. 79 DMI 1 19-94 ` 0I.M ALTEMUS Pool Oulu Bo, 1T30 LOTS 7,8 9 So. 3.2� LOT AEPM,, DGonan Willm 1p DA UPVNE BLOCK 102, HALLAM ADDITION 3W 9252088 CITY OF ASPEN,COLORADO Ld LLI cr F-- W : FOUND:8/6/85 REBAR W/PLAS. L.S. 9184 • ;I r FOUND:8/6/85 REBAR WIALU_C N0 MARKINGS 5 5 10 20 30 40 50FT. SCALE: I 10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY —THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON (J 09 7-e)-? ZGx>G. OF LOTS 7 & 8 AND THE SOUTHERLY 3.20 FEET OF LOT 6, BLOCK 102, HALLAM ADDITION, CITY OF ASPEN, COLORADO. THE -ONE STORY HOUSES WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ALPINE SURVEYS by, RECEIVED MAY 3 0 2007 ASPEN BUILDING DEPARTMENT MAP OF: PROPERTY LINE DESCRIPTION RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 vvvvLjrii r CN--r 620 N. THIRD STREET (TYP.) ASPENS 0.68' 1.22' 5-.5- FOUND T-POST -4T NOTICE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CER_ 'IFICATION SHMyN HEREON EXISTING RESIDENCE @ 610 N. THIRD STREET OLD FENCE ASPEN POST LINE 140 FOUND REBAR/ALUM. CAP ILLEGIBLE PROP LINE PER 6-5 8.4'; ALPINE SURVEYS COTTONWOOD 144.82 sq.fL± 136.20 sq.ft.± GRAPHIC SCALE 10 0 5 10 20 40 (IN FEET) 1 inch= 10 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A.3 CARBONDALE, COLORADO 01623 (970) 7()4-0311 sopns@sopnsenq.c 0.46' 1.22' FOUND REBAR/CAP L.S. #9184 27231.01 12113/07 27231-BASE.DWG VICINITY MAP OF: SALTER/LUBAR LOT LINE ADJUSTMENT SITUATED IN A PORTION OF THE E1/2 SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 (4pl.F C6URSF VICINITY MAP SCALE: 1" = 2000' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704-0311 sopris@sopdseng.com 1-il j 27231.01 08/14/2008 27231 PLAT.DWG ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: K-(,� Lot Size: i' �,s , 14 I �"� sy. f�- L u cc., S . S iS' se; Lot Area: AV- nmvS a O. 1 ci ? � c,reS Lvior-, : O -1 a),� o,c�' (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Proposed: Existing: Proposed: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required.• Proposed.• % Open Space: Existing: Required.• Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required. Proposed.• Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required.• Proposed. Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: V riations equested: '^- I kg lc�+ S12e-1Gr,eG -s 1 � 1.4cci '(0oVe- arc r Irkt V e c�fi us I h -f'l. a s-I�icr e.rc Al�cmus: 0. k5cl CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Peyment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and S 4.ldo►-2 'SA,KaI/ l�ctrra Nn G S L a r (hereinafter APPLICANT) AGREE AS FOLLOWS: has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 04 Lo* which is for V(a hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By Chris Bendon Community Development Director APPLICANT 4 r`wp r- I By: Date: O d Billing Address and Telephone Number. � cd C:\Documents and Settings\johannahr\DesktopU FeeAgree.doc CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Ciry of Aspen Development ARItlication Fees. CITY OF ASPEN (hetcinafter CITY) and E A ANt .++u5 %ootr4nersh Ia L L LP (hereinafter APPLICANT), AGREE AS FOLLOWS: APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent co a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to he billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council :o enable the Planning Commission and/or City Council to make legal])- required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees chat in consideration of the CITY•s waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $te" which is forIL(gi,� hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. r�� r( CITY OF ASPEN APPLICANT �' "l e V S I- Ac t yt e r 5 A� V By: By: '� 449 Chris Bendon 1 Z Community Development Director Date: Billing Address and Telephone Nwtrber: Rrzamd nm. /3mX Y CADocuments and Settings\johannahr\Desktop\LUI'eeAgree.duc CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and %0-1467 a.Kd Itario�.AkLge S L-"a-r (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application for (hereinafter, THE 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ O� 1" which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT By:� (ica •� Dale: O d Billing Address and Telephone Number. Required , O /A3 Co 0 C:\Documents and Settings\johannahr\Desktop\LgeeAgree.doc CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and F_,A. Afle wiu5 �Pjur4nersh /nE I-L LP (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for S4L-rp- . Lu AR LQr IiNE AbausTMENT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee stricture for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to he billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that It is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legal])- required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $-qQ1. pO which is forUnLCe�, hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for Elie processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bandon Community Development Director APPLICANT IC - A +e v,5 �,ox f Yx e r 5 ' Date: Zqh Billing Address and Telephone Nwnber: I —le uir CADocuments and Settings\johannahr%Desktop\LU1'eeAgree.doc W C', 'T Cl)Q 7 cm w 10o z cli cc x Z Ly z o0 (I) CL mQa C5 < 0 U)-..,) a.. 31au— 3n1e MA ce t- o C-D Ln 0 Mi -6 0 -a r-D U LO I- 0 0 0 0 rya cc w c fQO 0 r.Li rm 0 -0 ru 0 CD x z 41 J9 0 D LU 0 cli 0 10 OLLj 0 4 11. 0 0 w a Z<(o �; c I I i .0 CLMOI <Z 0 ,n: LL 'j cc Lu Z. < CL IL < LL 0 wm :rw occ LL �-o September 1, 2008 Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms Phelan, As the representative for the EA Altemus Partnership, LLLP, I consent to the lot -line adjustment application submitted to the City of Aspen between 610 and 620 N Third Street, Aspen. I consent to have John H. Case as our representative in this matter. Regards, Claude Salter Claude Salter EA Altemus Partnership, LLLP 620 N Third Street Aspen, CO 81611 RECEIVED ccp n �, Md CITY OF ASPEN OMMUNITY DEVELOPMENT ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com August 28, 2008 VIA Hand Delivery Jennifer Phelan Community Development City of Aspen 130 South Galena Street, Third Floor Aspen, Colorado 81611 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon, Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 CHRISTOPHER D. BRYAN ASPEN OFFICE cbryan@garfieldhecht.com Re: Salter/Lubar Lot Line Adjustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 — LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Dear Ms. Phelan: The E.A. Altemus Partnership, LLLP, owner of the real property known as 620 North 3rd Street, Aspen, Colorado 81611, and Sheldon B. and Marianne S. Lubar, owners of the real property known as 610 North 3rd Street, Aspen, Colorado 81611, seek to amend a survey error by adjusting the common lot line between the two prope�IVED lot line adjustment packet was submitted to the Community Development Friday, August 22, 2008. j6 2 8 2008 CITY OF ASPEN COMM$ T&DUa4cmi'Vi�er GARFIELD & HECHT, P.C. Jennifer Phelan, City of Aspen Community Development Department August 28, 2008 Page 2 of 3 I attach hereto a letter of consent confirming that Sheldon and Marianne Lubar are in fact my clients, and I represent them in the above -stated matter. In addition, I have attached hereto an executed copy of the July 31, 2008, letter that was included in the lot line adjustment application packet signed by each attorney confirming that the owners of both properties have agreed on a proposed new lot line. If you have any further questions or concerns, please do not hesitate to contact me. Thank you. Very truly yours, G IELD & HE hristopher . Bryan, Esq. 321620_1 ® Printed on recycled paper GARFIELD & HECHT, P.C. Jennifer Phelan, City of Aspen Community Development Department August 28, 2008 Page 3 of 3 I, Sheldon Lubar, owner 610 North 3rd Street, Aspen, Colorado 81611, Parcel No. 273512402001, SUB: HALLAM ADDITION, BLK: 102, LOT: 9 — LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 hereby authorize Christopher Bryan of Garfield & Hecht, P.C. to act as my representative in regard to the Salter/Lubar Lot Line Adjustment Land Use Application, and I consent to tbe�application as submitted. Thank you. Lubar 321620_1 ® Printed on recycled paper ASPEN OFFICE 601 Fast Hyman Avenue Aspen, Colorado 81611 Telephone (970) 925-1936 Facsimile (970) 925-3008 GLENWOOD SPRINGS OFFICE The Denver Centre 420 Seventh Street. Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1930 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.gatfieldhecht.com July 31, 2008 Via Hand Delivery Chris Bendon Community Development Director City of Aspen 130 South Galena Street, Third Floor Aspen, Colorado 81611 AVON OFFICE 0070 Benchmark Road Post Office Box 5450 Avon. Colorado 81620 Telephone (970) 949-0707 Facsimile (970) 949-1810 BASALT OFFICE River View Plaza 100 Flk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone (970) 927-1936 Facsimile (970) 927-1939 CHRISTOPHER D. BRYAN ASPEN OFFICE cbryanggarfieldhecht.com Re: Salter/Lubar Lot Line Adjustment Land Use Application Owner: E.A. Altemus Partnership, LLLP Parcel No. 273512108003 Address: 620 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 6 - LOT: 8, DESC: ONLY THE SOUTH 3.2' OF LOT 6 AND Owner: Lubar, Sheldon B. & Marianne S. Parcel No. 273512402001 Address: 610 North 3rd Street, Aspen, Colorado 81611 SUB: HALLAM ADDITION, BLK: 102, LOT: 9 - LOT: 12, DESC: ONLY PT OF LOTS 10, 11, 12 Dear Mr. Bendon: The E.A. Altemus Partnership, LLLP, owner of the real property known as 620 North 3rd Street, Aspen, Colorado 81611, and Sheldon B. and Marianne S. Lubar, owners of the real property known as 610 North 3rd Street, Aspen, Colorado 81611, seek to amend a survey error by adjusting the ® Printed on recycled paper GARFIELD & HECHT, P.C. Chris Bendon, Director, City of Aspen Commultity Development Department July 31, 2008 Page 2 of 3 common lot line between the two properties. The owners of both properties have agreed on a proposed new lot line and have retained the following representatives to act on their behalf in regard to this application: 1. For the E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, Elizabeth Ann Altemus, Registered Agent, 620 N. 3rd St., Aspen, Colorado, 81611, telephone (Elizabeth Alternus) (970) 704-1683: John H. Case, Esq. Law Offices of John Case 1265 Mountain View Dr. Aspen, Colorado 81611 Telephone: (970) 925-8394 2. For Sholdon B. Lubar and Marianne S. Lubar, 700 N. Water St.., Ste. 1200, Milwaukee, Wisconsin, 53202, telephone (414) 298-9001: Christopher D. Bryan, Esq. Garfield & Hecht, P.C. 601 East Hyman Ave. Aspen, Colorado 81611 Telephone: (970) 925-1936 Applicant Signatures Applicant: E.A. Altemus Partne shi LLLP, a Colorado Registered Limited Liab' ' mite P• -ti • Srip Signed by: J ,n H. Case, Esq. ttorney for E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership 310142-3 ® Printed on recycled paper GARFIELD &HECHT, P.C. Chris Bendon, Director, City of Aspen Community Development Department July 31, 2008 Page 2 of 3 common lot line between the two properties. The owners of both properties have agreed on a proposed new lot line and have retained the following representatives to act on their behalf in regard to this application: 1. For the E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, Elizabeth Ann Altemus, Registered Agent, 620 N. 3rd St., Aspen, Colorado, 81611, telephone (Elizabeth Altemus) (970) 704-1683: John H. Case, Esq. Law Offices of John Case 1265 Mountain View Dr. Aspen, Colorado 81611 Telephone: (970) 925-8394 2. For Sheldon B. Lubar and Marianne S. Lubar, 700 N. Water St., Ste. 1200, Milwaukee, Wisconsin, 53202, telephone (414) 298-9001: Christopher D. Bryan, Esq. Garfield & Hecht, P.C. 601 East Hyman Ave. Aspen, Colorado 81611 Telephone: (970) 925-1936 Applicant Signatures Applicant: E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership Signed by: John H. Case, Esq. Attorney for E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership 310142-3 ® Printed on recycled paper GARFIELD & HECHT, P.C. Chris Bendon, Director, City of Aspen Community Development Department July 31, 2008 Page 3 of 3 Applicant: S 1 nand Marianne ba Signed by: Christopher Bryan, Esq. Attorney for Sheldon and Marianne Lubar Very truly yours, GARFIELD & HECHT, P.C. C ristopher Bryan, Esq. CDB/mpk 3 l 0142-3 ® Printed on recycled paper MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO. BY EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE SHELDON B. LUBAR and MARIANNE S. LUBAR. LEGAL DESCRIPTION PARCEL A: All of Lot 9, and parts of Lots 11 and 12, Block 102, HALLAM'S ADDITION, more fully described as follows: Beginning at the Northwest Corner of Lot 9, Block 102, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, the chord of the curve bears South 3059'16" East 61.83 feet and the length of the arc is 61.85 feet; thence North 87° 19'30" West 61.88 feet; thence North 18.05 feet; thence North 75*09'11" West 59.48 feet; thence North 25.50 feet to the point of beginning. PARCEL B: The Northwest portion of Lot 10, Block 102, HALLAM'S*ADDITION TO THE CITY AND TOWNSITE OF ASPEN, being more fully described as follows: Beginning at the Northwest corner of said Lot 10; thence South 75*09'11" East 29.65 feet along the northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: April 23, 2008 . PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: 2378 AM i K m— — — WARRAi�9 Y DEED 2 7 9 0 `9 a-i-QJli IFFISDF-IJ1.r+Jz,k.. 1�"^ JnN November ;l LORETTA BANNER r i /4 .85xo Stu flax F. Freeman and Jayne R. Freeman TKIN CT!. RECORDER �tyj,,I u(mc - Cowlp Pitkin and Sl+lc,a aw 15 i !j .. Sheldon B. Lobar and Dlarianne S. Lobar A r,l.,ultgalxki,e„i,. $160 North Creeabay Road, 14i.1r,.aukeeF. Wisconsin 53209 �. kf� fdu<wclJ - �ddddll�l�lr� +�: - 1 - »T7O:SSE'nF:Iha hw.na—`Iq Four Hundred Fifty Thousand and no/100 /l ($650.000.00) --- ;- rhr n:cr;F. anJ I I : ronr .f 6' h is hr h Lwk.lpcil, pa.Ynv h.rFaI11CJ. .kl anJ .1 •J .I.M IIIr�c ryc r k+c. fr+ 1, b.r� ro R an,nvuf.�nlvm.ud„IW. granrc,h..IMM +nJ+�vFn.kmee dlnc� rc.l Pnyx+r 1 iHr w•np Iupnw,,•frwnr..'1 r. ,n.,ule 1 g n,1l.cirg ,hr Nam- :i c.nw..S Pitkin - wW Sur_..A C.�,raJn 3c*rn1rt:n H�ll.ra�_ - - SEE ESIIIBITAATTACHED HERETO ANDINCORPORATER HEREIN y • - ,� - BY THIS. REFERENCE - t I5IE MOMENTARY 1 t"0415M Y 329 Lake Avenue, Aspen, Colorado 81611 7'O(:ETHk:FI -a .!h .11 v,J ant ,.v ILe IwrcJUamiwl• nnJ appurx.\.airic. Uarc1, Ixh nanp m � �+K' aPP. it �mnq..,x1 lhr > •.ems+ I wu.Sc, I ainJ,r •s ar.1 pn.l:i. IIn t u.f att. 1,. r r _hr. ,ak. m,cnu. cUm, mA.iewvnd r.hat err f the i , - } . 11 ,mcr .rt t.. n. M.-, dw .1,.+. h.rF 1� •J I. ,. ..;th If a lr J I n 1 .rnJ Murtrn mr. - - I '� > • I ^MTO H \\T: AND 10 FIOI.IF a ,J ry-mrk h we lun�m,.a1 .nJ k�c Md li R - Pin,rx 'un IIK prom I h 1. .. - ,.I•.rp I.gn •u+anJ v.;lh rhek ma. III. hcln.nJ -? hv--,U.A1N Ih.\ 4, k 1 .vll n h %I jKMNI y :-nla J h F i;. .,gn. t , H d k v .1 J.I •n N;I.ex lw.+em !r II..: J IIIM (MCnn,e+W.Ml1 � J h,�..d un. TertwY.ah ntwc -s � ,ml irukt \N• nx 'U.' r I Ink ydc .mJ W, Fti ,Jn M 1 Ii. nJ 6�wi I UM 11 �( 1 to Ilrml . dlc>wrtr ,. ,n nwv 0 k , taxes and ,x,,,,Jr,�„� ,,,,,- m.u,n.....a +h,n..•r \,ml,c Nnrma.x Y. aaeery the lien for 1985 ad valorem taxes a reservations contained in U.S. Patents recorded in Book'55 at page 2 and in `. 1S Book 55 atpage32, Pitkin County, Colorado, records _ - TI+.•}r.ninr.1u71 an.1 ,. iiIN�KK Ati1 �..71FORF.\'ERAEFt'rU IW ..h \-hir••Mln[d (nCmIKlM71rrWK1 :'e nhk ry'T'.CM— ordw Fa , nl. txus.nJ aa,F„,..;.,n.t ali a•,J.���w.wnr�..,,n.la�.fu11.-�4,m�nl,Ihe.vink:u::mlvHhrrcuF.The �tinFufunumhrilwUinJxAc �hlaural. u... I rr.ier sWl h, aMl-hk In an P,,.de IN WIT'\F:\S Ni IIFRFOLit, } ., ,. ha cv—J II.—kd-O Jnc//rJfNu --- axx E.�Freeman Freeman I.. c nml�ol Pitkin 7 h< ! - r>•1n*+k f}•.�i M1ekve nK ,n the Crwnt�,If Pitkin - . Slaw a I November - Iv 85 , h, yax E. Freeman and Jayne R. -Freeman %IZA. tc„ 499 FM31 O M :.. / EXHIBIT A 1Z4 U\i PARCEL �+ p� All of Lot 9'ard parts of -Lots 11 and 12,'Block 102, HALLAN'S ADDI- TION, more fully describe�.us follows: _ Beginning at the: Northwest Corner of,;Lot 9, Block i02, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, ,the chord of the curve bears South 3°59'16" East 61.83 feet and the length of the arc is 61_85.feet; thence North 87019'30" West 61.88_feet; thence North 1E.05 feet; thence North 75'09'11' West 59.48 feet; thence North 25.50 feet,to the point of.beginning, as hereinbefore described. PARCEL B; The northwest portion of Lot 10, Block 102,'HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF M PEN, being more fully described as fol- lows. F.eginning at Lhe Northwest corner of said Lot 10; thence South 75.09111" East 29.65 feet along the northerly line of said. Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of, said Lot 10 to the point of beginning, as hereinbefore described. All located in County of Pitkin, State of Colorado. .:S'bi i MEMORANDUM OF OWNERSHIP -ACCOMMODATION NO LIABILITY PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENT IN THE STATE OF COLORADO, BY - EXAMINATION OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, DISCLOSES THE FOLLOWING: GRANTEE IN THE LAST INSTRUMENT OF CONVEYANCE SHELDON B. LUBAR and MARIANNE S. LUBAR LEGAL DESCRIPTION PARCEL A: All of Lot 9, and parts of Lots 11 and 12, Block 102, HALLAM'S ADDITION, more fully described as follows: Beginning at the Northwest.Corner of Lot 9, Block 102, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, the chord of the curve bears South 3059'16" East 61.83 feet and the length of the arc is 61.85 feet; thence North 87°19'30" West 61.88 feet; thence North 18.05 feet; thence North 75009'11"West 59.48 feet; thence North 25.50 feet to the point of beginning. PARCEL B: The Northwest portion of Lot 10, Block 102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, being more fully described as follows: Beginning at the Northwest corner of said Lot 10; thence South 75*09'11" East 29.65 feet along the northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. DEED OF TRUST APPARENTLY UNRELEASED NONE LIENS AND JUDGMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM THE PUBLIC RECORDS, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT CHARGED FOR THIS REPORT. EFFECTIVE DATE: April 23, 2008 PITKIN COUNTY TITLE, INC. BY: Authorized Officer JOB NO: 2378 30 on ,.'.ttscTlkm M.. __ Rrc.uikr. - a WARRAY DEED % 3 t7 9 9 NT1 @�I THLS DEED. nlaJa tn.> �jA^ Ja? M November , - 4 61LORETTA BANNER 14 1 lq 85ben.—„ Max E. Freeman and Jayne P. Freeman TKIN Gl !. RECORDER tn mJ s„I• ,n ' 11010,85 U(Ile ' COnntS tN Piki�C I , ff �: { i a _ CWatado rjaakr, and Sheldon B. Lobar and Llarianne S. Lubar l tiwtx.,c kFal a,khc,. n 8160 North Green Bay Road, Milwaukee, Wisconsin 53209-`' Wr['!itSSETN, That fire Fraw•r kr atd m.•u,tdetawm ,N the •xn, •N Four Hundred Fifty Thousand and no/100 ($45G,000.00)... ........... .._— ------- _----- —__— ---- —yxlu.ARS. . dr,rz,rirlaN•ulh: •n-. ,Nwbxhnhtn'M im.wkVpwi,ha.µra.cl.h:vµa,nN.v,WyW •.m•�J. wW h{ dm,c M""U.•+µn.x. c.wfrl au1{lmhmt.unk.theFtaMcc h.,nc.n+ndN•vµa.k<eWlthercd(r,y.rn�q,(Ytlprwnknupnwcnrn1,..Im.l..,:uale y'ioFandlrir,Fntthr � Pitkin Jnd Stalc Ol C,".k, *,Irttkvt a{ IOIhYda SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE jWTE DOCUMENTARY T��V 1 5 1�35 ac tm..n h� y anl,wnlla-r �. 329 Lake Avenue, Aspen, Colorado 81611' 3 ETfl(:6THER wNh .11 ad vnµuly the hcrcU- 1>+nl algxRk:ltalk�. rtwnvo hchm.fnµ. ,w M .att w,K ariwrtnnmµ, aIW the ,.+<nw+. aml tcvenn.m. temailykY and tcnmtWen. rtnn, i.we> a,.J r...... fMm-'I, ra! dl the {•,lak•, t,pht. wk. m1ercV- a9ann atW .kn.anf Mhal,o•v r of dx• I :. rr>,Nf:n ctM r ,n Ia. ,. eyuxy . N.:n an,! „• Ik aMw. lvrµxrrl ptemi,.". u nh the hcw•Ju.n.rm, and aMdltrnarka` . TO HAVE ANli'M HOLD ll,• >ad 1— afxna• lor}n,foi arW Je.cnAvt. w nh fix• arrx.wma--un., tlw µranMc. hn hcm a.u: e..,ien, hn-,d Ar.dita µratwr k,th.nl..'il,n•heln. awdl.en,Nlt:l,rtvntati•e+. J.w•..t„{`wOf. E.+nt.IVrFain.awl.kn`e1na.W wUh the ifxnln.knhcM aM1 w,..Fn., that at N.e:tm•' M thr •:ma.linr vW,kk.en .tl IIM,. rnv'nt> hC,i ut`Il.r,led IN 1hC frenfl,Ca {daNCltn\e{cd-ha. g.Md..ntc.}.Cff \I, tll,.olYu 1n mkk bi, e,laA of inMuanr. In 1 -to ltt>mgNc. and ha.EvadnVhl, lull 1-1 and Iawtulx,11—� k, µran, hwr,.m,-11 and •...... d,e arrt,e in nuW,er uW knn w, ahnvW. anJ 1h:N tlr .n,w wn- Im• and rk,x tnm, all 4rnwv r.xl Mhe, prrN,, hu ca�m..ak.. Iw•T Ia\h. a•�c•.>nrm.. ,rcnn.rr,ne,� n,R� n-.fn,+.,,•,N .h..h {„t„„l,r,,,,n.� „r,;t a{m+ the LSen for 1985 ad valorem taxes and reservations contained in U.S. Patents recorded in Book 55 at page 2 and in Book 55 at page 32, Pitkin County, Colorado, records i 71.e µraN+x,hall and k,ll N:�RRANIT A1� F(NtF.I'F.R Uf:F'ttil> Itc _I.n{•-tw^,aln•vl rn nli,ee m Ihrqu,el a.xl rcreahlo I.,,ti>•km of the µranre. hnhcx. and x,a,µn., aµwkNallanJ c.enry,,.n.rrrn,xt•lawfully claiux..µthc wfink,Nam ran lhete„f.The •mput—.t1-r1hN ttichrlc the 114-1. Ikc fh,n.l tic ,�nrular- and ,lw- u,e •N any ; ender afiall he arrli•rohk M all µenJen tV WITNUSSNHERK(W. it. µtask. tu•c{c w•d flu•J.•N,m xhe Jne ,.-I xx aM..c axeeeman t `� , reelnan � t SIAn} CH (OLORADO , Pitkin .• 7"hc In. L—g a.—m•,,. wa. ,w 1,:.,w kd—, l k- - „� x,, Cwnly of Pitkin . Slatc ul r'nh> in, th,, 16}11 aa{ M November w 85 , bt Max E. Freeman and Jayne R. Freeman +I, .,m,n,,.�,m e,rn�, ` ' U C �._ 1'FL• 6 {{,1,,,-„ �x, h.xd ata ,Nl>,.a.,a No. 9.12A. P—. 741.1. 11k.-11 IN1,111tm D.w. x.,.,,a: •.. ,. �,. �.�!, �.:.. ..,,,, ` �+ EXHIBIT A t� PARCEL A: N All of Lot 9 and parts of Lots 11 and 12, Block 102, HALLAM'S ADDI- TION, more fully describeu as follows: Beginning at the Northwest Corner of',Lot 9, Block i02, Hallam's rl, Addition; thence East 115.00 feet; thence on a curve to the left, z4 the chord of the curve bears South 3159'16' East 61.83 feet and the length of the arc is 61.85 feet; thence North 87'19'30" West k ~ 61.B8 feet; thence North 1E.05 feet; thence North 75'09'11" West tk& 59.48 feet; thence North 25.50 feet to the point of beginning, as°' Ilk,` hereinbefore described. f' PARCEL B: The northwest portion of Lot 10, Block 102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, being :;ore fully described as fol- lows- £eginning at the Northwest corner of said Lot 10; thence " nx f' South 75*09111" East 29.G5 feet along the northerly line of said Lot 10; thence West 26.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of. said Lot 1_0 t t to the point of beginning, as hereinbefore described. All located in County of Pitkin, State of Colorado. .�@ '�: �:�r sY`s�.h'�.Q'�. �'Rm.soxr.� l xs � ;a s^^�� �� �pp� Y-��''+�{ Ft RT �>3� � .�.xX� x � R � � %3 ,��y�4'j'•�,},,y�y�,,�,�',y'B�nn�" r±+ tii,��c �.�, �j: 'fi:S 'cf-.�..,.�z� � .17 � .. __i..N 5 ^.0 e`•x_��:'ie.rnv. d'�a.. s> ati'TF.�iiA�r���LiS..se1�5r.Yia"+'.J3v.::St ,�1 �) TITLE COMPANY OF THE ROCKIES, INC. 220 East Cody Lane Basalt, CO 81621 Phone: (970) 927-9299 Fax: (970) 927-8288 www.titlecorockies.com OWNERSHIP & ENCUMBRANCE REPORT & INVOICE Prepared John Case Date: April 25, 2008 for: Attn: John Case P.O. Box 4203 Order: 0702471-0&E Aspen, CO 81612 Ref: Altemus Phone:970-925-8394 Fax:970-920-3395 Legal Description: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning at the Southwest corner of said Lot 8, whence the Southwest corner of the SE1/4 of the NE1/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80 degrees 54' W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said corner of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkin, Stale of Colorado. Property Address: 620 North 3rd Street, Aspen, CO 81611 County: Pitkin, Colorado Schedule/Parcel #: R005670 / 273512108003 Owner's Name(s): E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership TITLE ABSTRACT Quit Claim Deed from James A. Horowitz to Elizabeth Ann Altemus, formerly known as Elizabeth Ann Horowitz, recorded on March 29, 1977 at Reception No. 133169 in Book 326 at Page 572. Quit Claim Deed from Elizabeth Ann Horowitz to Elizabeth Ann Altemus, recorded on September 5, 1986 at Reception No. 281145 in Book 518 at Page 289. Quit Claim Deed from Elizabeth Ann Altemus to Claude C. Salter, recorded on April 16, 1996 at Reception No. 391836. Quit Claim Deed from Elizabeth Ann Altemus (as to an undivided 99.5% interest) and Claude C. Salter (as to an undivided .5% interest) to E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, recorded on April 16. 1996 at Reception No. 391837. Quit Claim Deed from E.A. Partnership, LLLP, a Colorado Limited Liability Partnership to Elizabeth Altemus, recorded on October 28, 2005 at Reception No. 516815. Deed of Trust from Elizabeth A. Altemus to the Public Trustee of Pitkin County for the use of GMAC Mortgage Corporation, to secure $53,708.00, dated September 26, 2005, and recorded on October 28, 2005 at Reception No. 516816. Quit Claim Deed from E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Partnership to Elizabeth A. Altemus, recorded on April 5, 2006 at Reception No. 522644. Quit Claim Deed from Elizabeth A. Altemus to E.A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, recorded on November 8, 2007 at Reception No. 543946. Nothing Further of Record Note: This report covers Pitkin County, Colorado Real Estate Records Through April 15, 2008. CHARGES FOR THIS REPORT AND DOCUMENTS ATTACHED Description of Charge Amount Qty Total Written O & E $100.00 1 1 $100.00 .7-4- Rg—d &p—fi- in L'.I—Jr/w: 14lr, Wield, Grind, J=A-1'iMn ad S-1 Con — flJw,h d C—mix: fate, Pm ad Awn Cn 0—V l.z id 1n: Aro e&— C—k. /lnmb, 11—k rdge, Uiltnt f Rle, R fe, and IN-1'mk IClnvn; Srrwce...p hlr m f yj—od GMr„wd Spnr�rxJ Documents $5.00 8 1 $40.00 Please return one copy of this report with your remittance ITotal Due: $140.00 payable t 1 m C an of the HpcA&s. Inc. Disclaimer. This report reflects the results of a search of the county records posted to the above described real estate only, and does not necessarily reflect involuntary liens or other matters which might be disclosed by a search on the individual owner's or other names shown hereinabove. The Title Company of the Rockies, Inc. makes no warranty regarding the accuracy of the information herein provided, and further, shall not be liable for any loss incurred by reason of the information reported in this report. THE DOCUMENTS INCLUDED WITH THIS REPORT ARE THE BEST COPIES AVAILABLE S-1- rkr—d Egvami— i„ Corr ado f . r gk, Gasrrd. G,m,a J-kk rule, o.d.5 ­ 11 C-- (Zj—dC.—W lar,, r-t and 11— 0 m ') 1--imu In: Awn✓B-,- C-1. RuwlL Rreden k*. Ddla,, rgglo. Rjrk, and IVirner Pork (Cl—g S--u,vllahk u, AV— ad Gk d.VnmWy I,t p :1:Irch 29, 1977 Jul1c Ilnnr- .- - - — - -. -• - asn+c:3�ti it JAMBS A. 1101cOWITZ, wl!.•y,!.•1.1_ iy 500 Nor Lh St.rreP, Anpert, Coloratlu 81611, MAUL: nr:,!df19 Connly or l itY.in end Stele of Colorado ri,r the ror.,.6leration of Ten Dollars MAR 29 PAIU and other good and valuable consideration, rAAAUK, in 6nud paid, hereby aell(a) and grail claim(,) to ELIZABETH ANN ALTEMUS, _ rr..,,R�t�..^••.. •�c F:li_al„_l'.±LAnn ti,�tew_i.t��'---- — '' wI1oac aJdre.n if b2o North Third Street, Aspen, Colorado 81611, County ui Pi Lkin , and Slate of Colorado , the followio` red y o Property. in the , Count f Pitkin , end Slate of Colorado, to nit: All of Lots 7 and 8 and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado, said lots are more fully described as follows: u Beginning at the Southwest corner of said Lot 8, whence the Southwest corner of the SEk of the NEh of Section 12, Township 10 South, Pange 85 West of the 6th P.M. bears S. 8[' S4' t:'. 751.21 feet; thence North 73.2 ICQL' along the t•:e;t line of Lots 8. 7 and 6: thence East to the Eds_ line or raid T.nt F; t•heneo C—th 73.2 foot alonrr li Lots 6. 7 and 8 to the Southcau= corner oL said LoL 8; Lhence West along the South line of said Lot 8 to the point of iF--beinnin9e - --- — — II w;th nll it% appnrltnnocra. ,�t1 $iFoed ILin =G dray of Jsal}= 19 7G . ! _L James A. Horowitz 11 rl'1'A'1'1: At' CUL�iCII)U'� �lYt., Coanly of `Firkin I IIThe foregoinC itlltrument %vn%.gr noKlydcrd jamesfore mAtblliorowita. day or,I - Lk. tUly (L.rb,19 76 ,by D(y eommiallion e%pirea ti '•1'i' tPlluSatgs[ luwd•aptl.atGei+L / /J ("�tti`IrNi:...._tl\s.�.._.1��.4..Lt..�`._.. . .:�, 1.. •,r•, prat en 1 ' Tom._ .na . Ir r.rl T.r_r er .y: lfr ylF ram• ♦ 1. r. Iln u ..•,yl A,1� ul.l, nr•1 ,Ifi.. 11..•w.n ur 11,....•.: � 1 1�• al n, �n .. .... • rr :. ,..r ., ,• ....1 r• 1• •• Ir�l f. If 1•�I,� 'n .u, I•.ryll. �. 1,•. I, �., r1 , 'ul y. : 4f:V n Vtlrrl aru liar In w.1.V1��. ..a ^ it M.,rll.•M1 nrn n., Il .. .. .. .__�_ .. ..'.. ..__. '`'n 1! I! rl 11.1 i 1 !1' :1.�.: 1..M .... I.1 , ,. n. 1. +.1 ,MI. .. •I rn. 1,:. 1! /•.r1 •,. r.� I....r. r. ••rr/r M' _ psnrptlaa Ro. _ _ _ --�^CL.4IT4-'n�E� m �. i? `� :-� - I d.- 5 QLTTT I f II" ELIZABETH ANN HOROWITZ Iy !{ whose addre-s is 620 North Third Street, 9�TYtti.".!T RFGOROEAf-r^r I - and5sate - - Countyof Pitkin cis x !.:Colorado ,for the. consideration of one hundred 5 11 la �K'8S II I I Dollars in hand paid. RM _ I and.00/100 ($100.00) _. l; r -lti i+eu\61 d riOCIZ, to. 11 whoseaddressis ` 620'North Third Street F the fellowln. r^91 L P I I _., and State r C untyof ?itkiu } I and State of Colorado towit II b• L...: _ County of Pitkin. o l is property, in the - sa'tzit tAll andthe South 3.2 feet of Lot 6, Block 102, co: of Lots 7 and 8, of Aspen,Colorado. Sa1d lotsG0allam Addition adjacent tothe City 9re more fully.described as follows: �Township 10 South,Ieginning at the SouthweofttherNEi[ of.Section�l2 _whence the South- uiest corner of the SB ange 85 West ox`the 6th P.m- bears S 80'S4' W 3dand16feeYcnceence North ;3.2 £ee along the nest --line of"Lots o,: - II=East_-to the-E t-dine of -said Loand' Bttonthece SSoutheast cornerlor.S • ,' he,East line of a,... 6 the '*South --'line of'said Lot 8 to II ` Ii of said Lot :8 „ thence ;West along the point of. beginning. to County of Pitkin. S..ate- cf ^clorado + II T TF COCU s)Et II �.. Y!I]f�� n— r 1 I also known as street and number 620 North Third .Street �i 1 I :y" I urtenances bo I I : with all its app �i II dayof September,l9B6 tl Signed this otll RO �} _.._ - "- - I ETH O ITZ II -.,�� if I l9R- ,I 'v. li Cocntyot PITRIN darof_ SeptembeY - s e d be:or/ met:Sc.- Sth :. .. - , C4 t986.bs Elizabethan HoJrowitz. Pa PPS _��_. 4-}5_r.,,'•.,_ .. ,-.�^,r�• 11 a Il � wrrx::ao :sb�aa:.as�cftt�.�._ • ,'y�c,°ts*i,r ��� �I 391836 04/16/96 01:22P PG 1 OF I REC DOC UCC SILVIA DAVIS PITY.IN COUNTY CLERK & RECORDER 6.00 0.00 QLTTCLAIM DEED ELIZABETH ANN ALTEMUS whoseaddressis 620 North Third Street, Aspen t County of Pi tk-in , and State of Colorado for the consideration of ---- none ---------------- _-------------------- — -------- —__—__ Dollars, in hand paid. hereby Wits) and quimlaiars(s) to CLAUDE C. SALTER whose address is 620 North Third Street, Aspen County of Firkin , and State of Colorado 81611 , the following real pmperty, in the County of Pitkin , and State of Colorado, to wit: An undivided .5% interest in the following described property: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more frilly described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the SEI/4 of the NEIA of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80*54' W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkin. State of Colorado also kcnown as strect and number assessor's schedule or parcel number with eV its appurtenances Signed this I '�, day of ELIZABETH ANN ALTEMUS STATE OF COLORADO, - ss. county of tptO'C-- - The foregoing instrument was acknowledged befom me this 12- day of 411 I'r j - .19 by ELIZABETH ANN ALTEMUS. My commissioa otpsres 1112 WITNESS my hand and official seal. No. 898. Ber. L9a. tlurrcLAw oeeo tsien si-) S' & -i Ivtl m179)w 9- n' MNoW-(lat)]9l-2fa11-7A9 39' SIt 837 04/16/96 01:24P PG I OF I REC DOC UCC .VIA DAVIS PITKIN COUNTY CLERK & RECORDER 6.00 0.00 QUITCLAIM DEED ELIZABETH ANN ALTEMDS (as to an undivided 99.5Z interest and CLAUDE C. SALTER (as to an undivided .5% interest) whoseaddmsis 620 North Third Street, Aspen t County of Pitkin . and Stale of Colorado for the tonsideranon of ____none_______________________________________________________ Dollars, in head paid. herebysell(0andquitclaims(s)1D E. A. Altesus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, whose address is 040 North Third Street, Aspen County of Pitkin , and Sutc of Colorado 81611 , the following real p,optrty, in the County of Pitkin , and State of Colorado, to wit: All of Lou 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the SEI/4 of the NEIA of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80a54' W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkin, State of Colorado. also known as street and number assessors scbcduk or parcel number with all its appurimances Signed thu Q dry of 96. f�l ' / edp A(t"btlg- E27.AANN ALLTEMUS CLAUDE C. SALTER STATE OF COLORADO. ss. County of" 1 The foregoing instrument was adaowledged before me this 2-day of /1 ♦ �'+,, '..., by ELIZABETH ANN ALTEMUS and CLAUDE C. SALTER. - ••. My commission ezpirea WITNESS my hand and official seal. ...� , rm,.r.sese.rre.mww,+-o [narmt4 om,s.aaxssioas.usi No.1199. R- 4-94. QUrrClA[M DEED (Sb �r aMfutl hbum 1741 was 5,, Dun.(A 1=2-(lair 19-W-1.95 RECORDING REQUESTED BY DIRECT TITLE INSURANCE AGENCY, INC. I (I I 1 620 WHEN RECORDED MAIL TO III+II II�IIIIIIII�I�I�l�lll�lll�i P516815 OW- I If 3 :S3t Elizabeth Allemua Ir Aspen. C13mdoeet SILVIH OHMS PI iKIN COUNTY CO Heee: 1 0( 3 Aspsn, Colorado B1fi11 R 16. e0 0 0. 00 TITLE ORDER NO. 05-0740 QUIT CLAIM DEED THIS DEED, made this 15th day of September, 2005, between EA Altemus Partnership, LLLP, a Colorado Registered Limited Liability Partnership of County of, State of, Grantor, and Elizabeth Altemus whose legal address Is 620 North 3rd Street, Aspen, Colorado 81611. Grantee: WITNESSEfH, that the Grantor for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which Is hereby acknowledged, has remised, released. sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM, unto the Grantee, his/her heirs and assigns forever, all the right, title, interest claim and demand which the Grantor has In and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado described as follows: All of Lots 7 and 8, and the South 32 feet of Lot 6, Block 102, HALLAM ADDITION adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: BEGINNING at the Southwest corner of said Lot 8, whence the Southwest comer of the Southeast 1/4 of the Northeast 114 of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears South 80 degrees 54 minutes West 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 8, 7 and 8 to the Southeast corner of said Lot 8; thence West along the South line of said Lot 8 to the POINT OF BEGINNING. County of Pltkin, State of Colorado. also known by street and number as: 620 North 3rd Street, Aspen, Colorado 81611 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either In law or equity, to the only proper use, benefit and behODf of the Grantee, his/her successors and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. BY: IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above General Partner i /r Slate of Colorado ss. THIS INSTRUMENT DRAFrED BY: DIRECT TITLE INSURANCE AGENCY, INC. 4251 lOpeng Street, Sulle 400 Wheat Rldge, Colorado 80033 Send tax statements to: Elizabeth Altsmos 620 North 3rd Street Aspen, Colorado 81611 County olfitkfr� G w d ) On September 15th, 2005, before me, 0 1,c�r.rj i- J6TLQS personally appeared F I i ' — "% .t±i A ( fC—m14S personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscrlbed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their official capacity, and that by his/her/their signature on the instrument the person• or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CIV.NDA I. !ONES Holory Pu0c stole 01 cowrow 7n'1 Rq My Conr*>W10n Expi m Sep 26. 2008 Notary Public V I (SEAL) My Commission expires: 1 IIIII III I III II NIII IIIII III! IIIIII III IIIII IT Ill 9 68 0 0011 :5W 1111111111 IN m9 68a 5 1 t :59K SILVIO DQVIS PM IN c Tv DO R [a.00 D 0.00 State of Cn%rad o County of0CL.- F;cId Elizo.befl, Alf-e u. /F14jor;f SI-0-k-Iro/dam On this .D^-ioP dayof C�Cf. 20 S, LLLp 0. A1}cPnur Poc.sf;� personally appeared before me, who is personally {mown to me, whose identity I verified on the basis of _COlo�adr, 7. ; veL i a n t a whose identity I verified on the oath/affirmation of a credible witness, to be the signer of the foregoing document, and he/she acknowledged that he/she signed it. CK41" t JONE3 Notary A"c �e of COIaaoO Notary Public ► Y C-081 rl 24. :iba My Commission Expires: Attribution Cl'-, Thin Certhrnfr is prcporedfoc and—Iwn•dy bdongs to, the accompanying dxmn<nr enriArd Q 1 L� C I i r M I Y e Ci which --Ws af—L—_ page(s) and to dale- aQ (S Ja O LLS !f this Crrtifrcare a appmpnorrd to any document other than the one described hetdn. it shall br deemed nufl and void. CW w =1 y eK Navy Lev Iwrws. U..wm d rRmeN..m. a — tl d of I form u txar �nar..e After Recording Return To: GMAC Mortgage Corp. 1D0 Wm iter Road Horsham, PA 19044-D963 ATTN: Records Management ISpore Above T1W Llne For Racordtog Dn.] Loo No. 587444902 MIN 1000375-0587444902-1 DEED OF TRUST DEFINITIONS Words used in multiple sections of this d0oumeol are defined below and other words ere defined in Sections 3, 11. 13. 19. 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security instrument" means this document, which is dated September 26, 2005 , together with all Rider to this document. (B) 'Borrower" is Elizabeth A. Altemus Borrower is the trustor under this Security Inslnnnent. (C) "%.ender" is GMAC Mortgage Corporation Lcoder is a Corporation organized and exisung under the laws of Pennsylvania Lender's address is 100 Witmer Road, P.O. Box 963, Horsham, PA 19044 COL RADO — w k early- r �� AtrT,aa>• ear aui"crr r..r vra (➢eae l of 19) 319253214 tnlWb: 345 CMACM - CMS-000e.0U (D0a1) I II IIIII II III IIIII %III II IIIIII I II II III (I 516816 a°zs2. 5 ?z:0xt SILVIA DAVIS PITKIN CM Y CD R 101-00 D .08 (D) 'Trustee•' is the Public Trustee of Pitkin County, Colorado. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS Is the beneficiary order this Security Iastmovent. MERS is organized and casting under the laws of Delaware, and has m address and telephone number of P.O. Box 2026, Flint, MJ 48501-2026, let. (888) 679-MERS (F) "Note" means the promissorynote signed by Borrowa end dated September 26, 2005 The Note states that Borrower owes Lender Fifty Three Thousand Seven Hundred Eight and 00/100 Dollars (U S. S53,708.00 ) plus interest. Borrows has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2013 (G) 'Property" means the property that is described below under the heading 'Transfer of Rights in the Property.' (R) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security instrument, Plus miciesl. (1) "Riders" means all Riders to this Security Instrument that we executed by Borrows. The following Riders are to be executed by Borrower [check box w applicable]: Q Adjustable Rate Rids Condamuuum Rider Q Second Home Rider Q Balloon Rids Biweekly Payment Rider Q 14 Family Rider Q Other(s) [specify] Q Planned Unit Development Rider P) "Applicable Law" means all controlling applicable federal, suite and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of trawl as well as all applicable final, Iron -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condonumum association, homeowners association or similar organization. (L) "Electronic Funds Trander" means any transfer of funds, other than a transaction originated by check, draft. or similar papa instrument, which is initiated through an electronic terminal, telephonic instrument, computer or magnetic tape so as to order. Instruct, or authorize a finmnal institution to debit or credit an account Such term includes, but is not limited to, pout -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow ltems" means those items that we described in Section 3. (N) '7Niscellaneous Proceeds" means my compensation, settlement, award of damages, or proceeds paid by my third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or my part of the Propeny; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. COLORADO - r„ ia. rvnr- n�. xWM1.aaN 11., urrrowa msnuamn r� cox GMA CM - CMS 000C CO (0001) (Pate 7 of 191 INasls: IIIIIIIIIII IIIII IIIIIIIIII lit IIIllllllllllllllll(u 096eB05 IZ aW GILVia DAVIS PI MIN C—TY Co R M.00 a 0.00 (0) "Mortgage Insurance" means insurmcc protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amotnis under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures AU (12 U.S.C. §2601 el seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the stone subject matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loon" even if the Loan does not qualify as a'fderally related mortgage loan' under RESPA. (R) "Sci sor in Interest of Borrower" mans any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Iris —col. TRANSFER OF RIGHTS PI THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Leader and Lmdci s successors and assigns) and the succcsors and assgns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Nolc; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the cost herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County [Ty" or R—Him Jor4A4 l of Pitkin !Name of ReaoNliat JurLdlcnon! SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 620 N 3rd Street, ISneuJ Aspen , Colorado 61611 ('Property Address'): 1COW IZP C"de) TOGETHER WITH all the improvements now or hereafter created on the property, and all easenienls, appurtenances, and fixtures now or bereafier a part of the property. All replaccin ils and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property.' Borrower understands and agrees that MERS holds only legal title to the imams granled by Borrower in this Sin ly Inslnunent, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise my or all of those mterests, including, but not limited to, the right to foreclose and sell the Properly; and to take any action required of Lender including, but not hirdid to, releasing and canceling this Security Instrument, I COLORADO - ramie Falb-nr ­ N_ tanlOW a1nRUMIXr i�a,sns Ilya- A /i GMACM - CM5.000e.CO (0001) &sae 3 fig) Wthi.: _V�LI/T11 T(YTy_ 516816'ii1111111111111111111111111111111111111111111111111111e:ear aILVIN DAVIS P1rxfN COU— R 101.06 0 0.00 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Properly Is unencumbered, except for encumbrmces of record. Borrower warrtmis and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited vanotions by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lend" covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Nutt and my prepayment ehargrs and laic charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S. currency. However, if any chalk or other instrument received by Lender as payment under the Note or this Security Instnunent is returned to Lender unpaid, Lender may require that my or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or "shier's cheeky provided my such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are decroed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return my payment or partial payment if the payment or partial payments arc insufficient to bring the Loan current- Lender may accept my payment or partial payment insufficient to bring the Loan current without waiver of my rights hereunder or prejudice to its righs to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment Is applied as of its scheduled due date, then Lender occd not pay interest on unappliad funds. Lender may hold such =applied funds until Borrower makes payment to bong the Loan current If Borrower dose not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenmts and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lend" shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to my other LOAN NO: 587444902 COLORADO — Wak rush- r..r. Ma/n.— WMRM drrRUaRR rss sea Va� CMACM- CMSmW.CO(anal)(Pape/ fj9) WWb: 516816 LIIIII IIIII IIiIII IIIIII (IIII IIII IIIIiI III IIII IIII II 1 0 92881200055012: air amounts due under this Secunty Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Bower for a delinquent Periodic Payment which includes 0 sufficient amount to pay my late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrowa to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that my excess extsts after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to my late charges due. Voluntary prepayments shall be applied fast to my prepayment charges and then as dcam jibed in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due unda the Note shall not extend or postpone the due date, or change the mount, of the Periodic Payments. 3. Funds for Eaerow Items. Borrowa shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of mounts due for: (a) taxes and assessments and other items which can attain priority ova this Security Instrument a a lieu or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if my; (c) premiums for my and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if my, or my sums payable by Borrows to Leader in lieu of the payment of Mmgagc Insurance premiums in accordance with the provisions of Sectioo 10. These items are called 'Escrow Iterus.' At origination or at my Lime during the term of the Loan, Lender may require that Community Association Dues, Fees and Assessments, if my, be eserowed by Borrower, and such dues, fees. and assessments shall be an Escrow lien. Borrower shrill promptly furnish to Lender all notices of mounts to be paid unda this Section. Bomwa shall pay Lenda the Funds for Escrow Item unless Lender waives Borrowed s obligation to pay the Funds for my or all Escrow Items - Lender may waive Borrower s obligation to pay to Lender Funds for my or all Escrow Items at my time. Any such watva may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the mounts due for my Escrow Items for which payment of Funds has been waived by Lmda and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender moy require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contamed in this Security Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrows is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the mount due for an Escrow Item, Lerida may exercise its rights under Section 9 and pay such mount and Borrower shall then be obligated under Section 9 to repay to Lender my such mount Lender may revoke the wawa as to my or all Escrow Items at my time by a notice given in accordance with Section 15 and, upon such revo uon. Bomowa shall poy to Leader all Funds, and in such mounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum mount a lender can require undo RESPA- Lcnda shall estimate the mount of LOAN NO: 587444902 COLORADO- s;�t r,nar-r..r, sL✓A.aW ai.. uNlnaai ovalaViaon r.,�>er OatACM - CMS0004.CO (0001) rPPre J P/I91 IdW4: III11111111IN 68 ;_:gar SILVIA DAVIS PITKIN CO—Y CO R 101.00 0 0.00 Funds due on the bass of current dnta and reasonable estimates of expenditure of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including Lender, if Lender is en institution whose deposits we so insured) or to any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrowa for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Boriowa interest on the Funds and Applicable Lew permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Lew requires interest to be paid on the Funds. Lender shall not be required to pay Borrows any intereg m earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Foods. Lends shall give to Borrows, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fonds held In escrow, as defined under RESPA, Lender shall account to Borrows for the excess funds in accordanec with RESPA. If them is a shortage of Foods held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount accessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. if there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to D—ower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, asusmtents, charges, from, and imposltimns attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if my, and Community Association Dues, Fees, and Assessmenu, if my. To the extent that these items we Escrow sterns, Borrower shall pay them in the mama provided in Section 3. Borrower shall promptly discharge my lien which has priority over this Security Instrument unless Borrow— (a) agrees in writing to the payment of the obligation secured by the lien in a mama acceptable to Lends, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any pan of the Property is subject to a lien which can attain prlonty over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lends in correction with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, haurds included within the tam 'extended coverage,' and any other hazards including, but not limited to, earthquakes and LvW__.. s„ry.'_. -r.... at..n ... — u aroaa . a srsuan.r.�.. GMACM - CaMOOO CO (Not) (Ps. 6.fJ➢1 Intaab: 568 01211111111111111111111111111111111111111111111111111111 :07i SILVIA DAVIS PIrx IN Cauarr ce R 101.00 a 0.00 floods, for which Lender requires insurance. This irisurmcc shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences cao change during the lean of the Loon The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Low, ether: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood rune determination and certification services and subsequent charges each time ranappings or similar changes occur which reasonably might affect such determination or certification- Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of my flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain Insurance coverage, at Lander's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Biurowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security InstrumenL These ®nouns shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be sub)eel to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall time Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certJcalrs. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains my form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a stmdard mortgage clause and shall name Lender n mongagm and/or as an additional loss payee. In the event of loss, Borrower shall give prompt nouce to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, my insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of Progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower my interest or earnings on such proceeds. Feu for public adjustor, LOAN NO: 5EI7444902 COLOI wotr - • , r..ar - r.....vr....a w.. uaraa. waraaaaen r..>r OMACM - CMa.00.00 (0001)1Pagr 7.f 19) Waah: M IIIII11111111111111111111 III11(IIIIB11111111111111 00516816 fl 8,2.5 Iz:@3F or other third parties, retained by Borrows shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrows. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower do" not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, than Lerida may negotiate and settle the claim. The 30-day penod will begin wben the notice is given. In sther event, or if Lender acqulrcs the Property under Section 22 or otherwise. Borrows hereby assigns to Lends (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the nght to any refund of unearned premiums paid by Borrower) under all insunncc policies covering the Property, insofar as such nghts are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or reunre the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's pnnmpal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's pnmctpal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Properry; Inspections. Borrower shall not destroy, damage or impair The Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in The Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration car damage. If insurance or condemnation proceeds me paid in connection with damage to. or the taking of, the Property. Borrower shall be responsible for repaving or restoring the Property only if Lender has released proceed fen such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of Progress payments as The work is completed. If the msurmoe or condemnation proceeds are not sufficient to repair or restore the Property, Borrowa is not relieved of Borrower's obligation for the completion of such repair or restoration. Lends or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lcndcr shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. B. Borrower's Loan Application. Borrows shall be in default if, during the Loan application process. Borrowa or any persons or enlilies acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in GO iMvl DO - >ad• r CO (Paz, a .,.. wnoaa amaemrr r�sw v.)! A�/ cmwcat. cars. ttooa co (0oor)?'aereerr% 516816 ;z n3r n� connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rlghts Under this Security Instrum—L If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lenda's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bard:ruplcy, probate, for condemnation or forfeiture, for mforcemenl of a lien which may attain Priority over this Security lose ment or to enforce laws or regulations), or (c) Borrower has abandoned the Property, (hen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repmnng the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over tlus Security Instrument; (b) appearing in court; and (c) paying reasonable auomeys fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Smarting the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, dram water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tamed on or off. Although Lender may take acuon under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender mews no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security lnstnunent. These amounts shall bear interest at the Note rate from the date of disbursement sod shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall mot merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Los. Borrower shall pay the pr rtuarns required to maintain the Mortgage Insurance in effect If, for my reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer thal previously provided such insurance and Borrower was required to make separately designated payments towed the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If Substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the Amount of the separately designated payments that were due when the insurance coverage tensed to be in effect. Lender will accept, use and retain these payments as a noo-refundable loss reserve in lieu of Mortgage Insurance. Such lost reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower my interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 587444902 COWRADO - smw r—ay- —YrI,.Ny iar INiroaN arraaamrr rN asr CMACM- CM&OW CO(aria I) (FAT' 9Af J 9) tmaab: IIIIIIIIIIII�III�IIIII�IIIIIIII�IIIIIIIIIIIINIF111I 516816 Page: 9 .(raii:eav Amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest At the role provided to the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in form from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses, Tbesc agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any purchaser of the Note, another insurer, my reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in —barge for sharing or modifying the mortgage insures risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the preauums paid to the insurer, the arrangement is often termed "captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and (hey will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower hat - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of soy Mortgage Insurance premiums that were unea ed at the time of such cancellation or termination. 11. Assignment of Miscellaoeous Proceeds; Forfeiture. All MisuJlanmus Proceeds are hereby assigned to and shall be paid to Lender. COIARADO - Sr/. rutlh - — M..'rr..4, M wnroam nnrauMp,T Mrws wrr GACM- CAL4UDM.CO(0001)(Pape to Af 19) Wuau: 11111111111111111111111111111111111111111111111111 dE 16816 % ':.,**1120asF If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's secunty, is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to easure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is not economically feasible or Lendds security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the aums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction' (a) the total amount of the auras secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, desuuction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty, Instrument whether or not the suau are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property er to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has ■ right of action in regard to Miscellaneous Proce ds. LOAN NO: 587444902 COLORA DO - sac null- — Mr.,.ea err. iaviroaci aarauamiT r� smi GMACM- CMS, 0004. CO(0001)(Pees 11 of 19) Udders: I IIIIN illll IIIIII IIIIII IIII INI IIIIII III III II III IIII 109 s8005r 32003f SILvla —15 aITKIx COUNTY Ca R 101.00 D 0.08 Borrower shall be in default if my action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if accelaetion has occurred, ranstate as provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender s interest in the Property or rights under this Security Instrument. The proceeds of my award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellmmus Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Iaoder Not a Waiver- Extension of the time for payment or modification of ansortizetion of the sums secured by this Security Instrument granted by Lends to Borrower or my Successor in Interest of Borrower shall not operate to release the liability of Borrower or my Successors in Interest of Borrower. Lender shall not be required to commence proceedings agallst my Successor in Interest of Borrower or to refuse to mend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of my demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising my right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successon in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of my right or remedy. 13. Joint and Several liability; Co-signers; Successon and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, my Borrower who co -sips this Security InNulnenl but does not execute the Note (a 'co-signs'): (a) is co-signing this Security Instrwnent only to mortgage, grant and convey the co-signer's interest in the Property under the teams of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security Insi umeot; and (c) agrees that Lender and my other Borrows can agree to extend, modify, forbear or make my accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower's obligations order this Security Instrument In writing, and is approved by Lerida, shall obtain all of Borrower's rights and benefits under this Security instrument - Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bnd (except as provided in Section 20) and benefit the successors and assigns of Lender. COLORADO — sisal, r y - rr airn.sa. ens o,,,_ a+srauamrr r...>r GAIACM- CMS0004.CO(0001)(Poar)7.f 19) Wvo6: IllllllIN111111111111111lil111111111111111111111 0906`12:83F SILVIA DAVIS PITKIa COIMTr CO R 101.00 D 0.00 14. Loan Charges. Lender may charge Borrower fees for services performed to connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to my other fees, the absence of express authority mt in this Security Instrteal to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security lostrumrnl or by Applicable Low. If the Low is subject to a law which sets maximum low charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Low exceed the permitted limits, then: (a) my such loan charge shall be reduced by the amount necessary to reduce the charge to the pernutted limit; and (b) my sums already collected from Borrower wluch exceeded permitted Iinuts will be refunded to Borrower. Linder may choose to make this refund by reducing the principal owed under the Note or by making a direct Payment to Borrow". If a refund redtteaa principal, the reduction will be treated as a parual prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of my such refund made by direct payment to Barrow" will constitute a waiver of my right of action Borrow" might have arising out of such overcharge. 1S. Notirn. All Notieco given by Borrower or Lender in co—tton with this Security Instrument must be in writing. Any notice to Borrower in connection with ibis Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to my one Bortower shall constitute notice to all Borrowers unless Applicable Low expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated ■ substitute notice address by notice to Lender. Borrower shall promptly notify Linder of Borrower's change of address. If Lend" specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated noucc address under this Security Instrument at My one Line. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Leaders address stated hercum unless Leader has designated Mother address by notice to Borrower. Any notice in—ection with this Security Iastrummt shall not be deemed to have been given to Lender until actually received by Lender. if my notice requred by this Security Instrument is also required under Applicable Law, the Applicable Low requirement will satisfy the corresponding requirement under this Security Instrument- 16. Governing Late; SeverabRity; Rules of Constriction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to my requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent. but such silence shall not be construed as a LOAN NO; 587444902 COLORADO _ GMACM . CM&00Co (amt) /Pere 1J of/a/ IIIIIIIIIIBIIIIIINIIIIIII1111IIIIIIIIIIIIIIIIII 11 te'i6Be 5 1z0oar prohibition against agreement by contract- In the event that any provision w clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Insiramcnt or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femuune gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest m the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, convect for deed, installment Sala contract or escrow agreemen4 the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any pert of the Property or any Interest in the Property is sold cr transfcred (or if Borrows is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders pnor written consent, Lender may require immediate payment an full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercix is prohibited by Applicable Law, If Lender exercises this option, Lends shall give Borrows notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrows must pay all sums sew red by this Security InstnmacnL if Borrower fails to pay these sums pnor to the expiration of this period, Lendcr may invoke any remedies permitted by this Security Instnunrnl without further notice or demmd on Borrower. 19. Borrower's Right to Reinstate After Aceelenllon. If Borrows mesas certain conditions, Borrower shall have the right to have enforeement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before We of the Property pursuant to arty power of sale contained in this Security Instrument; (b) such other period as Applicable Lou, might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lends all sums which then would be due under this Security Instrumcol and the Note as if no acceleration had occurred; (b) cures my default of any other covenants or agreements; (c) pays all expenscs incurred in enforcing this Security Inswmcol. including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takn such action as Lender may reasonably regwre to assure that Lender's interest in the Property and rights under this Security Instrumen4 and Borrower s obligation to pay the sums secured by this Security instrument, shall continue unchanged. Leads may require that Borrower pay such reinstatement sums and expenses in one or more of the following (arras, as Selected by Lender. (a) cash; (b) money order; (c) certified check bank check, trusurs's check or cashier's check provided arry such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon COLORADO - a,d, rsaar- r.�. sirrrwa. n� uvuoiw wsrauamvr r..� ao CMwcm_ CM00 S.0a. CO(000]) (Pa, 14gf19) IdWh: I If 1I IIIIII 516816 Illll till IIIIII I Ilil Illll fllrllllll III Illlll I� Ill 00 7 aD20 0012003E reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale or Note; Change of Loan Servlmr, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (knout/ as the 'Loan Servicer') that collects Pmodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Low Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servucer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Low Smrcer other than the purchaser of the Note, the mortgage loan smiting obligations to Borrower will remain with the Loan Servtcer or be transferred to a successor Low Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lander may commence. loin, or be joined to any judicial action (as tither m individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or my duty owed by reason of, this Secunty Instrument, until such Borrower or Leader has nofificd the other party (with such notice given in compliance with the requirements of Section 1S) of such alleged breeeb and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time pmod which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environments) Law and the following substancesgasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) 'Environmental Lew' moms federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup' includes my response action. remedial action, or removal action, as defined in Environmental Law, and (d) an 'Envirournenta) Condition' means a condition that can cause. contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release my Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of my Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, ereales a condition that LOAN NO: 587444902 COLORADO - sp savu- rs..a sswr..ar w, tnruoaat ossrausmrt r� rsa 7 �l A OMACM - CM&W04.00 (De(l) (Page JJ o(JP) btitlab:—��/�1i-G-'1— IIIIIIIIIlIII11111Nllllllllllllllllllllillllllllllllll Z6v0aa00120 adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances the, are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation• claim, demand, lawsuit or other action by my governments] or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or my private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is give. to Borrower, by which the default must be cured; and (d) that failure to core the default on or before the date specified In the notice may result In aceeleratioo of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to a.sert In the foreclosure proceeding the no.<xiatence of a default or any other defense of Borrower to acceleration and sale. If the default Is not eared on or before the data specified in the notice, Lender at Its option may require immediate payment in full of All rum. secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Leader shall be —tilled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, mmonable attorneys' fees and cost. of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Under's election to came the Property to be sold. Lender shall mall a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property I. located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. COLORAIM - a7a r.,� _ rw scrn.ar ter. wnsoass narao.mn raw err vn /t GMACM - CMSOOOCCO (anal) (Poor 16 of J9) laity,.:--�jt,b/+(��— IIIIIIIIIIIIIIIIIIIIIIIINIIIIIIillllllllllllllllllllll OB .: isre 06r203F 0 0.00 After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice or sale In one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Trudee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order. (a) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all anma secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to It. 23. Release. Upon payment of all stuns secured by this Security instrument, Lender shall request that Truslce release this Security Instrument and shall produce for Trustee, duly cancelled, ell notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further mquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower wai— all nght of homestead—entption m the Property. I ll�lil ll�Y II�II �IIIII �IIII I N �IIIII III II �� III IIIL09 6S 5 12003f 201.00 0 .00 I THIS SPACE LEFT INTENTIONALLY BLANK I COLORADO - HaF iuv1Y - rrN� W rMb M., lMlrnMl par 1-t r� )era GMACM-CMS000e.CO(0001)(Poge/7ofl9) lalaali: BY STGNTNG BELOW, Borrowa acccpts and agrees to the lams and covenmis contained in this Security Instrument end in my Rida executed by Borrows and recorded with It. Eliza th A Alt..., -,rower —(S•-o -8onoww —lSeoU -Donow« 11 III Hill III II Hill 11111111111111111111111111111111111 10921t/o20 6(12003E SILVIA DAVIS PITKIN COiWTr co q 101.00 D 0.06 Witnesses: LOAN NO: 587444902 COLORADO - Snd, iuNY - Im4 NWf1�1Alr eLK UNDORN axsrOULU!NT M looe CMACM - CMS.00bl.OD (oont) (rose )s of lYJ INDIVEUAL ACKNOWLEDGMENT STATE OF COLORADO, 4 D— f � R-1 d Countyu: The foregoing instrument was acknowledged before me this -wit /O`O-/- OOS dry of S& Lcmb - '40" , by CY(} Elizabeth A. Altemua V Witness my hand and official scal. Ck"My Commission Expires: e 6 �"— Nwry Pabge - :CKaJw t. SOH" Nolan Rtlr bon d Cdolmo __ 6jpW---1bji A. fWd IIIIIIIIIIIIIIIIIIIIIIII IIIII III INIII III�IIIII IIIIIII 00 9 6/80050: 2003V LOAN NO: 587444902 COLORADO - &N• —r- r u.y nru. ---- nsr­ r_ _ wl GNIACM -CMSO .CO (W01)(Pagr/90//9) Wnalc_ EXHIBIT A All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said Lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the Southeast '/. of the Northeast '/. of Section 12, Township 10 South, Range 85 West of the 6'" Principal Meridian bears South 80 degrees 54 minutes West 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast corner of said Lot 8; thence West along the South line of said Lot 8 to the Point of Beginning. County of Pitldn, State of Colorado IIIIIIIIIIiIIIIUIIlI1111111IIIIIIIIIIIIII IIIIIIIIIIIII aflz680 f 21 ea , 0.00 39 SI 1837 04/16/96 01:24P PG 1 OF 1 REC DOC UCC -VIA DAVIS PITKIN COUNTY CLERK 6 RECORDER 6.00 0.00 QUTiCLAIM DEED ELIZABETH ANN ALTEHOS (as to an undivided 99.51 interest and CLAUDE C. SALTER (as to an undivided .52 interest) whoseaddressis 620 North Third Street, Aspen s County of Pitkin , and State of Colorado for the consideration of I ---- none -------- Dollars, in hand paid, hembys 1J(s)andquilclems(s)to E. A. Altemus Partnership, LLLP, a Colorado Registered Limited Liability Limited Partnership, whoseaddressis 640 North Third Street, Aspen County of Pitkin . and State of Colorado 81611 , the following real property, in the County of Pitkin , and State of Colorado, to wit: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: Beginning at the Southwest comer of said Lot 8, whence the Southwest comer of the SEl/4 of the NEl/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80154' W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lou 6, 7 and 8 to the Southeast corner of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. County of Pitkin, State of Colorado. also known as street and numb" assessors schcdulc or parcel number. with all its appurtenances Signed tins Q dry of � i,n, 0 y9 96. ALTEHUS CLAUDE C. SALTER J STATE OF COLORADO, County of The fo egoing instrument was acknowledged before me this / 2-day of /7 p ♦ '�•.Ib�.,?1$t'e,, . by ELIZABETH ANN ALTENUS and CLAUDE C. SALTER. .. •• My wmmicsian apira WITNESS my hand and official seal. Ltist.., A.. 14a s9a. Res. a94. QUrTCL,IM DEED (Ss , .,i Ile ME PuMaliey 1743w 5ti Dm CO MM2—IM31M.. W-1.95 44 II II II II II III III I III III I i II I II I I II III 0".5'GIlar 01:221 RECORDING REQUESTED BY JANICE K VOS CNWILL PITKIN COUNTY CO R 21 .00 0 0.00 DIRECT TITLE INSURANCE AGENCY, INC, W0E io, CORDED MAe. TO IIIINIIIIIIIII�i IHIIIL111itiIUIIhlIN11111�1N1 epixe�ze05 �I:syr I.7r. Ei .. Altemue 020 N.COI-i Street c(LVIn onV Npen, Coloneo e164T 1L PITKIN t Co R 16.00 D e,0e +Rerecording to change name of grantee* ORDER NO. OSD74a Y, 11 QUIT CLAIM DEED -i� 1i11S DEED, made this 15th day of September, 2005, between E.A. Altemus Partnership, LLLP, a Colorado Rogistersd Limited Liability Partnership of County of, State of, Grantor. and F(1)i714WIXAWKrAls Elizabeth A. XXXXiltitlX Altemus whose legal address Is 620 North 3rd Street, Aspen, Colorado 81811, Grantee: WTTNESSETH, that the Grantor for and In consideration of the sum of Tan Dollars (S10.00), the recelpt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM, unto the Grantee, hisRler heirs and assigns forever, e0 the right, title, Interest claim and demand which tTe Grantor has it and to the real property, together with Improvements, If any, situate, lying and being in the County of Pllk)n and State of Colorado described as follows: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, HALLAM ADDrMN adjacent to the City of Aspen, Colorado. Said lots am more fully described as follows: BEGINNING at th• Southwest comer of sold Lot 8, whence the Southwest comer of the Southeast 114 of the Northeast 1/4 of Section 12, Townshlp 10 South, Range 85 West of the Oth P.M. bears South 80 dogmas 54 minutes West 351.21 feet; thence North 732 feel along the West line of Lots a, 7 and 6; theme East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast corner of sold Lot 8; thence West along the South line of said Lot 8 to the POINT OF BEGINNING. County of Pitkin, State of Colorado. also known by street and number as: 620 North 3rd Street, Aspen, Colorado 81611 TO HAVE AND TO HOLD the same, together with all and singtiar the appurtenances and privileges themunto belonging, or In anywise thereunto appertaining, and all the estate, right. title, Interest end claim whatsoever of the Grantor, either in law or equity, to the only proper use. benefit and behoof of the Grantee. his/her successors and assigns forever. The singular number shall Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the dale set forth above. BY Its: XV General Partner/ BY: __ Yf2(,f,61 pa-lnoll' Its: L State of Colorado ) )Ss. THIS INSTRUMENT DRAFTED BY: Bend to atalamenta ID; DIRECT TITLE INSURANCE AGENCY, MC. Elizabeth All- 4251 101115ihg S"at. SWW 400 620 Nedh SN Sbeel wool Ridge, Colorado 000T3 Aspen, Colorado 81611 CountyoHIRMn• 60+ �d 1 Of On September 15th, 2005, before me. 0 lka c) a j_ J oz S personally appeared E 1 i bath Q I M mt�s , personally known to me (or - proved to me on the Basta of setnfeclory evidence) to be the person whose name 4s subsabed to the within Instrument and acknowledged to me that helshahhey executed the same In histhed0teir official Capacity. and that by hisfher/thek slgnature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. Witness my hand and official seat. F 0k"ae brtWlleP 2e, M" Notary Public (SEAL) My Commission expires: IIIIIUIIIIIINII1111 llu M111110111111Isla ag6806 it:594 IIIIIIIIIIIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIe e264 COUNTY a0e,:zz: ?6aa1111111IIIIIII1III111111I 1111111111111111111 g.5e1:zzE JANICE K VOS CAUDILL PITKIN C' CO R 21.09 D 000 11111111111111111111 ill 11111111111515815 e'a 200a 11 :59r S1LvI- Dnvice P1TKi- COLNTY Co R Wee D a.0a State of Crllnro.d o County ofcj0.Fie(CO Elizo-befi. Atfc�u�Alajor;� Sio�kholol>r pF E.A. Altemur Pa:b.e..si.;�, On this day of OCf. , 20�, j LLP personally appeared before me, who is personally known to me, whose identity I verified on the basis of Cdorado jar iy e- f_ i r o n A e- whose identity I verified on the oath/affumatioo of , a credible witness, to be the signer of the foregoing document, and he/she acknowledged that he/she signed it. ESk Nlran t Joeo".'Mra a Cobom Notary Public LW Eaprr Sap 2T fool My Commission Expires: AlrribWion Clause: Thu CenificNr is p �.rd jox we/ esclunvely belongs IA, the accaepwying dacaairu eruoled C7i I �i i C I a.1a. feed ,,.hkh eaariTu f—.L— pageu) aad Ir dare C>-' / I s �a o cis If IV, C—ifiirnle h appropnarrd 1. mry docuriem ocher Ihan he Am described hemim it shall be deemed wll And void cePriv+i mot M �. Naar L.. I.iwai. Uwaoa.l,ape0�nwa r eY tar et Yea tom a rmah ww+,6 I IIIIIl UIII IIIIII IIIVOS IIIIIIII 111111111011111522644 01.22F JANR 21.00 D 0.00 N0. 305 CERTFICATE OF COPY OF RECORD AATE OF COLORADO, County of MUD ) SS. I, ......... ! a.��....li�., �.�s 1.....----•....................................cP.I , County Clerk and Recorder in and for said County, in the State aforesaid, do hereby certify that the 'foregoing is a fu21, trues d porrecr Copy of Reception #...� j.fn-.�' �5..-_.. Book ......-AC-If .................... Page ...-N./A-.-...-..•-- 3� ttfe: ars upon the records of my office. Given under my hand and official seal, this ....... J-- .r'.......................... day of ....../ ' �cift .............. A-D. 20..E .. I:. �.v.....o'ciock.• r M. ..� ....................�... � '. .. .. - C-4•. CJcj± and R—dc RECEPTION#: 543946, 11/08/20D7 at 02:12:05 PM, 1 OF 1, R $6.00 DF $0.00 Janice K. Vos Caudill, Pi Ucin County, CO QUITCLAIM DEED Grantor Elizabeth A. Altemus whose address is 620 North P Street, Aspen, Colorado 81611 County of Pitkio and State of Colorado, for the consideration of -----no consideration--- Dollars, in hand paid, hereby sell(s) and quitclaim(s) to E. A. Altemus Partnership, LLLP whose address is Post Office Box 5000, Aspen, Colorado 81612 County of Pitkin and State of Colorado, all of the Grantor's right, title and interest in the following real property, in the County of Pitlun and State of Colorado, to wit: All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, HALL -AM ADDITION adjacent to the City of Aspen, Colorado. Said lots are more fully described as follows: BEGINNING at the Southwest comer of said Lot 8, whence the Southwest comer of the Southeast V of the Northeast '/. of Section 12, Township 10 South, Range 85 West of the 6's P.M. bean South 80 degrees 54 minutes West 351.21 feet; thence North 73.2 feet along the West line of Lots S. 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6,7 and 8 to the Southeast comer of said Lot 8; thence West along the South line of said Lot 8 to the POINT OF BEGINNING County of Pitkin, State of Colorado. also known by street and number as: 620 Nortb P Street, Aspen, Colorado 81611. assessor's schedule or parcel number: with all its appurtenances. Signed this � day of Nvver»b�r 2007. t 4^ ,," N,W-14f US E114beth A. Altemus STATE OF COLORADO ) ) as. COUNTY OF _Dk— ) The foregoing instrument was acknowledged before me this02 day of U , 2007 by Elizabeth A. Altemus. Witness my hand and official My commission expires: 3 Notary Public )F'5B1E q 1 N �rf f'� r;r•� 4.7 SEP.20.2000 11:56RM CITY OF HSPEN N0.4:3I riled at 3:30PM February 18, 1982 Loretta Banner,*-c4xdeF P'en4 ,,-# 239305 ORDINANCE NO. " (Series of 19 00%4 .2 PAA06 ANCODEORDINANCE THEACCORDING ASPENSECTION FOR DESIGNATION OF HISTORIC THE MUNICIPAL HISTORIC STRUCTURES ANDWHICH STRUCTURESLISTED FOR THE CITYINVENTORY ASPEN,OIC COLORADO WHEREAS, by Resolutions No. 81-11,81-13, and 81-14 the Historic Preservation Committee has recommended to the Cikty Council that certain structures be designated historic and a suffix of °H" be attached to the zoning of these properties and the real estate records, and WHEREAS, these structures are listed in the 1980 Inventory of Historic Sites and Structures for the City of Aspen, Colorado, and WHEREAS, the owners of these properties have requested designation through written replies to the Planning Office, and WHEREAS, the Historic Preservation Committee has reviewed these. sites and/or structures based on the guidelines and standards in Section 24-9.3 of the Aspen Municipal Code and found them to be worthy of historic designation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following list of sites and/or structures at these addresses be granted historic designation and the suffix of "H" be attached to their zoning and real estate records: 320 W. Hallam 500 N. Third W. Francis 118 E. Cooper 101 Lake Avenue 332 W. Main Street 505 A 8th Street 232 E. Hallam Section, 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be. given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 3Jday of That a public hearing be held on this ordinance on the 1984., at 6:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (.15) days prior to which hearing notice of n a newspaper of general circulation the same shall be published once withi 11 : � (HM Y Ut Ht;-'LN IW. 4J( r.J BOOK ` 2Z PAG1 307 within the City. INTRODUCED, REBID AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on 1g82' !� 0 ,Ei.. ATTEST: h, C ty Clerk • • r FINALLY adopted, passed and approved on the 1111� ay of 1982. ch, C Clerk �. T SEP.20.2000 11:57AM --TY OF ASPEN NU.4d( r.4 00OK 42 PAGE 008 RECORD OF PROCEEDINGS 100 Leaves STATE OLD COLORADO ) CERTIFICATE ss COUNTY OF PITKIN ) Y, Kathryn S_ Koch, city clerk of Aspen, Colorado, dr.) lle,rW:)y cortify that L-he Etiiove and' Foregoing ordinance was i.nitxcdu : c� , read. in �U1.1., anct passed on r(j!adi.rg at d regular meeting of ttic City Council of the jl lg, and publi.aYted C j �� of P.spen on _ . �.�t the Aspen Ti.m a «;:ekly ,11 wsp per of general. circus-- ation, Pi3tl.ishcd in the C'i.•Ly c:f Aspen, Colorado, in its and was finally adopted lSiu: of and��L z:�vFd at a regu. ax' rr:eei} ing of the City Council on 7 ti � and* ordered pul,)lished as •� e of 19 i of said City, .as i ;):olf.id ,d by I.N t,Tl.•1`tdESS 1�hCR3;L�F. L ha���? he?rcu,Ito set my hand and t he Seal of sa7.d Ci-ty of Aspc-n, Colorado, this days`,y: - 19• < j j l• . tom• - :�fr •t�is 4�l Jc � Kisl:hyLiiGj.t y clerk' _ C�O� •;,•p,��j". .�l:e��utr City-Cler?� ._...__---•------- Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer _Pronerty Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Owner Name and Address :,UBAR SHELDON B & MARIANNE S 700 N WATER ST # 1200 VIILWAUKEE, WI 53202-4206 Legal Description 3UB:HALLAM ADDITION BLK:102 LOT:9 - :,OT:12 DESC: ONLY PT OF LOTS 10,11,12 Location Physical Address: IF610 N THIRD ST ASPEN Subdivision: HALLAM ADDITION Land Acres: 0 Land Sq Ft: 4,849 2008 Property Tax Valuation Information Actual F Assessed Value Land: IF 2,337,500 186,070 Improvements: r 1,096,500 87,280 Total: F 3,434,000 273,350 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005668 9/12/2008 Parcel Detail Page 2 of 3 Sale Date: 11/15/1985 Sale Price: 450,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 1,690 FINISHED GARAGE: 491 STORAGE AREA: IF32 OPEN PORCH: 11208 2ND FLOOR: 1,526 Total Heated Area: 3,216 Property Class: SINGLE FAM RES- IMPROVEMEN Actual Year Built: IF1888 Effective Year Built: 1995 Last Remodel: 6 Bedrooms: 4 Baths: 4.5 Quality of Construction: GOOD T 12 Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Floor: WOOD Heat Type: JFHT WTR B/B Heating Fuel: GAS Roof Cover: BUILT-UP Roof Structure: IFFLAT Neighborhood: NORTH "WEST END" ASPEN Super Nbad: CITY OF ASPEN Tax Information http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=RO05668 9/12/2008 Parcel Detail Page 3 of 3 Tax Year I Transaction Type I Amount 1997 Tax Amount $3,323.14 1997 Tax Payment: Whole ($3,323.14) 1998 Tax Amount $3,274.78 1998 Tax Payment: Whole ($3,274.78) 1999 Tax Amount $3,241.24 1999 Tax Payment: Whole ($3,241.24) 2000 Tax Amount $3,629.04 2000 Tax Payment: Whole ($3,629.04) 2001 Tax Amount $5,280.28 2001 Tax Payment: Whole ($5,280.28) 2002 Tax Amount $5,270.70 2002 Tax Payment: Whole ($5,270.70) 2003 Tax Amount $4,825.18 2003 Tax Payment: Whole ($4,825.18) 2004 Tax Amount $4,883.20 2004 Tax Payment: Whole ($4,883.20) 2005 Tax Amount $5,075.86 Tax Payment: Whole ($5,075.86) 2005 2006 Tax Amount $5,938.84 2006 Tax Payment: Whole ($5,938.84) 2007 Tax Amount $8,013.80 2007 Tax Payment: Whole ($8,013.80) Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright C 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005668 9/12/2008 Parcel Detail Paoc 1 ot'4 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail Residential/Commercial Improvement Detail Land Detail Photographs Owner Name and Address A ALTEMUS PARTNERSHIP LLLP 'O BOX 5000 kSPEN, CO 81612 Legal Description 3UB:HALLAM ADDITION BLK:102 LOT:6 - IOT:8 DESC: ONLY THE SOUTH 3.2' OF �OT 6 Location Physical Address: 620 N THIRD ST ASPEN Subdivision: HALLAM ADDITION Land Acres: I 0 L 18,418 2008 Property Tax Valuation Information Actual Value Assessed Value Land:F 3,910,000 311,240 Improvements:F 145,800 11,610 Total: F 4,055,800 322,850 —Q X� Wuan �� L http://www.pitkinassessor.org/assessor/Parcel. asp?AccountNumber=R005 670 9/12/2008 Parcel Detail Page 2 of 4 Sale Date: Sale Price: Basic Building Characteristics Number of Residential I Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence I Characteristics FIRST FLOOR: 2,228 CONCRET 1129 OPEN PORCH: 47 1 /2 STORY: 760 Total He 12,988 Property Class: DUP/TRIPLEXES - IMPROVEME Actual Y 11888 Effective Year Built: IF1973 Bedrooms: 114 Baths: 3 Quality of Construction: GOOD T 12 Exterior Wall: WOOD SD GO Interior Wall: DRYWALL Floor: CARPET Heat Type: IFFORCED AIR Heating Fuel: JIGAS Roof Cover: ASP SHINGL Roof Structure: GABLE/HIP Neighborhood: 11NORTH "WEST END" ASPEN Super Nbad: CITY OF ASPEN Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $3,896.44 1997 Tax Payment: First Half ($ 1948.22) http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005670 9/12/2008 Parcel Detail Page 3 of 4 1997 Tax Payment: Second Half 11 ($1,948.22)I 1998 Tax Amount $3,839.72 1998 Tax Payment: First Half ($1,919.86) 1998 Tax Payment: Second Half ($1,919.86) 1999 1999 Tax Amount Tax Payment: First Half $3,923.50 ($1,961.75) 1999 Tax Payment: Second Half ($1,961.75) 2000 Tax Amount $4,392.94 2000 Tax Payment: First Half ($2,196.47) 2000 Tax Payment: Second Half ($2,196.47) 2001 Tax Amount $6,917.66 2001 Tax Payment: First Half ($3,458.83) 2001 Tax Payment: Second Half ($3,458.83) 2002 Tax Payment ($271.60) 2002 Tax Amount $6,905.10 2002 Tax Payment: Whole ($6,633.50) 2002 Interest Payment ($66.34) 2002 Interest Charge $66.34 2003 Tax Amount $6,473.30 2003 Tax Payment: First Half ($3,236.65) 2003 Tax Payment: Second Half ($3,236.65) 2004 Tax Amount $6,551.14 2004 Tax Payment: First Half ($3,275.57) 2004 Tax Payment: Second Half ($3,275.57) 2005 Tax Amount $6,953.98 2005 Tax Payment: First Half ($3,476.99) 2005 Tax Payment: Second Half ($3,476.99) 2006 Tax Amount $7,249.56 2006 Tax Payment ($262.60) 2006 Tax Payment: Whole ($6,986.96) 2007 Tax Amount $9,465.00 2007 Tax Payment ($233.36) 2007 Tax Payment: Whole =1 ($9,231.64) Top of Page Assessor_ Database Search Options I Treasurer_ Database Search Options http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005670 9/12/2008 Parcel Detail Page 4 of 4 Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005670 9/12/2008 Errin Evans From: John Case [johnhockingcase@gmail.com] Sent: Wednesday, September 10, 2008 4:24 PM To: Errin Evans Cc: Chris Bryan; Claude Salter Subject: Re: Lot Line Adjustment Hi Errin, I don't have an original plat, and in fact, I don't think it would tell us. According to Jim Reser (old local surveyor) the fence was on what they thought was the correct original boundary, but surveyors now agree that the line should be approximately two feet further to the south (thus the compromise we have here). I think the Assessor's estimate of the Salter/Altemus lot size was based on the old fence location, so actually their lot is gaining 166.52 square feet, though as you point out, the Code doesn't allow a gain any allowable floor area through a lot line adjustment. However, I don't think the Salter/Altemus lot should lose any allowable floor area since they are actually increasing lot size. Does that make sense? Does the plat need to reflect this? By the way, the overlap is referenced in Plat Note 9. Call me with any questions. John H. Case 925-8394 On Sep 10, 2008, at 3:58 PM, Errin Evans wrote: Hi John I was under the understanding that the fence was not correctly positioned on the original boundary and now there is some discrepancy regarding that location. I am not aware of an overlap. Do you have an original plat to compare the new plat to? When the Townsite was originally created it was created on a numerical grid. We do not have a copy of the original plat in the City records and I was unable to pull anything out of the Clerk and Recorder records. According to the plat you have submitted, I was going to use the line that is shown as the Altemus/Salter property line as the original boundary. Is that incorrect? Using that line it appears the Salter property is losing 166.52 square feet which would be 100 feet of floor area. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 <image001.jpg> www.aspenpitkin.com From: John Case[mailto:johnhockingcaseCcbgmail.com] Sent: Wednesday, September 10, 2008 9:55 AM To: Errin Evans Cc: Chris Bryan; Claude Salter Subject: Re: Lot Line Adjustment Hi Errin, As to changes 2) and 3) I'm not sure if that's correct. My understanding of the survey history is that the lot lines overlapped (Plat Note 9). So whether the Salter property was gaining or losing lot area would depend on which lot line you picked as your starting point for the lot line adjustment. Same would be true for the Lubars' lot area, no? Is the City assuming an original, existing lot line? And, if so, which one? In any event, I'd don't think it matters too much. What's the maximum allowable floor area the Salter property would lose under your interpretation? Thanks. John H. Case P.O. Box 4203 1265 Mountain View Drive Aspen, CO 81612 Tel: (970) 925-8394 Fax: (970) 920-3395 Cell: (970) 379-3251 Home: (970) 925-1086 johnhockin Jcg ase,cr,gmail.com On Sep 9, 2008, at 4:20 PM, Errin Evans wrote: Chris, John: I am reviewing the lot line adjustment application for Salter/Lubar. There are three changes required to the plat so far: 1) Add a purpose statement to the title portion — located directly under the legal description top, center of the plat. It is noted under Plat Notes, but should be moved to the title area. 2) Under Plat Notes — add a note regarding floor area. The Salter property will lose lot area resulting in less allowable floor area but the Lubar property will not gain floor area. Section 26.480.030 excludes area gained from lot line adjustments for allowable floor area calculations or other development rights. 3) The wording on page 2 is misleading in the hatch legend as the Salter property is not gaining any area. The wording could reflect the settlement area or agreement area. Please let me know if you have any questions. Errin Evans Current Planner I S k Jakw jA�-cV-21 LOaAY2_ "Im Survey performed or verified within the last 12 months. 'a Surveyor's certificate stating that the error of closure is less than 1/10,000. 10 Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400'). b Monuments placed (or a reference monument or witness to the corner) at all corners of the boundary of the property, unless already marked or referenced by an existing monument or witness to the coiner. IN Legend of symbols. b Survey tied to USGS, NGS or local government monument system. to Overlaps and gores along the exterior of the boundaries. Legal description of property. Existing building(s) locations and dimensions with ties. All improvements within five feet of property boundaries. b Gross land area to the nearest thousandth of an acre. One foot contours and the datum of the elevations. Basis of bearing and point of beginning graphically pRoads (edge of pavement as applicable), Rights -of -Way and distance to the nearest intersecting street if within 200' of property. Label easements and encroachments add reference numbers as applicable. o Indication of access to a public rights —of -way on land such as curb cuts and I--� driveways, and to and from waters adjoining the surveyed tract. List setbacks and building envelopes 'v Names of adjoining owners of platted lands or subdivision names. Any changes in street right of way lines either completed or proposed. Location, species, trunk diameter of trees at 4'/Z' from the ground, and extents of drip line. Natural hazards: The designation of all areas that constitute natural hazard areas f 1�� Nl'" including but not limited to snow slide, avalanche, mudslide, and rockslide. Delineate areas with slopes from 20% to 30% and areas with slopes greater than 30%. ,pi@ Flood zone designation (with proper annotation based on federal Flood Insurance 1 Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only.) I Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans �h 6-6 obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of NS information). List all documents used in the survey with recording information. ;,1 a 3 a o� U V) V) V) V, CD a+ m Lo LOT LINE ADJUSTMENT PLAT OF: CERTIFICATE OF OWNERSHIP Know all men by these presents that the undersigned, being the owners, mortgagees or lien holders of certain lands in the City of Aspen, Pitkin County, Colorado, described as follows: SALTER (ALTEMUS) PARCEL (Ownership and Encumbrance Report prepared by Title Company of the Rockies, Inc., under Order No. 0702471-0&E, dated April 25, 2008): All of Lots 7 and 8, and the South 3.2 feet of Lot 6, Block 102, Hallam Addition adjacent to the City of Aspen, Colroado. Said lots are more fully described as follows: Begininng at the Southwest comer of said Lot 8, whence the Southwest comer of the SE1/4 of the NE1 A of Section 12, Township 10 South, Range 85 West of the 6th P.M. bears S 80°54' W 351.21 feet; thence North 73.2 feet along the West line of Lots 8, 7 and 6; thence East to the East line of said Lot 6; thence South 73.2 feet along the East line of said Lots 6, 7 and 8 to the Southeast comer of said comer of said Lot 8; thence West along the South line of said Lot 8 to the point of beginning. COUNTY OF PITKIN STATE OF COLORADO LUBAR PARCEL (Memorandum of Ownership prepared by Pitkin County Title, Inc., dated April 23, 2008): Parcel A: All of Lot 9, and parts of Lots 11 and 12, Block 102, Hallam's Addition, more fully described as follows: Beginning at the Northwest Comer of Lot 9, Block 102, Hallam's Addition; thence East 115.00 feet; thence on a curve to the left, the chord of the curve bears South 3'59'16" East 61.83 feet and the length of the arc is 61.85 feet; thence North 87'19'30" West 61.88 feet, thence North 18.05 feet; thence North 75'09'11' West 59.48 feet; thence North 25.50 feet to the point of beginning. Parcel B: The Northwest protion of Lot 10, Block 102, Hallam's Addition to the City and Townsite of Aspen, begin more fully described as follows: Beginning at the Northwest comer of said Lot 10; thence South 75°09'11" East 29.65 feet along the northerly line of said Lot 10; thence West 28.66 feet to a point on the West line of said Lot 10; thence North 7.60 feet along the West line of said Lot 10 to the point of beginning. COUNTY OF PITKIN STATE OF COLORADO do hereby amend the common boundary line between said parcels to correct a survey error Executed this day of , 2008. Marianne S. Lubar STATE OF COLORADO) )SS COUNTY OF PITKIN ) The foregoing was acknowledged before me this , 2008, by WITNESS my hand and official seal. Notary Public My Commission expires: Executed this day of_ 2008. day of Sheldon B. Lubar STATE OF COLORADO ) )SS COUNTY OF PITKIN ) The foregoing was acknowledged before me this day of 2008, by WITNESS my hand and official seal. SALTER/LOBAR LOT LINE ADJUSTMENT SITUATED IN A PORTION OF THE E1/2 SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS PLAT IS TO RECTIFY A SURVEY ERROR OVERLAP ALONG A MUTUALLY AGREED -UPON, REVISED COMMON LOT LINE SHEET 1 OF 2 TITLE CERTIFICATE The undersigned, a duly -authorized representative of Title Company of the Rockies, Inc., registered to do business in Pitkin County, Colorado, hereby certifies that the person listed as owner of the Salter (Altemus) Parcel on this map holds fee simple title to the real estate described hereon, free and clear of all liens and encumbrances except for the lien of the mortgagee named hereon. Although we believe the facts stated on this plat are true, this certificate is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Title Company of the Rockies, Inc., neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. Notary Public _ Date 2008 My Commission expires: By: Executed this day of , 2008. Address: E.A. Altemus Partnership, LLLP By: Print Name: STATE OF COLORADO) Title: ) SS COUNTY OF PITKIN) STATE OF COLORADO) )SS The foregoing Title Certificate was acknowledged before me this day of , 2008, by COUNTY OF PITKIN ) , as of Title Company of the Rockies, Inc. The foregoing was acknowledged before me this day of WITNESS MY HAND AND OFFICIAL SEAL 2008, by (name) as (tifie) of E.A. Altemus Partnership, LLLP. WITNESS my hand and official seal. Notary Public Notary Public My Commission Expires: My Commission expires: My Address Is: CITY COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL CERTIFICATES, NOTES AND BOUNDARY MONUMENTATION REBAR AND CAP GILLESPIE AVENU` L.S. #12707 p A REBAR AND CAP j #5 REBAR #5 REBARO L.S. #20151 r; MARTIN ERDMAN LOT SPLIT QG- 7 `-'-I CONDOMINIUMS B o REBAR AND CAP REBAR AND CAP #5 REBAR L.S. #ILLEGIBLE L.S. #20151 PFARL_ CO LOT z o2 w G__-_ DAGGS HISTORIC REBAR AND CAP w �`� LOT SPLIT L.S. #9184 0 PL v REBAR AND CAP OT A REBAR AND CAP u 9 10 t_ L.S. #91B4 L.S. #9184 65 SALTER/ALTEMUS PROPERTY SOUTH LINE 75' HOME LOT SPLIT SALTER/ALTEMUS PROPERTY REBAR AND ALUMINUM CAP L.S. #ILLEGIBLE OVERLAP 1.1'± REBAR AND CAP L.S. #24303 T-POST E NOTE #9 CORNER BEARS S48°41'11"W 0.67' REBAR AND CAP L.S. #9184 VITZE LOT LINE NORTH LINE CORNER BEARS S76°38'06"W 1.25' ADJUSTMENT LUBAR PROPERTY LUBAR REBARAND REBAR AND CAP L.S. #15710 PROPERTY ALUMINUM CORNER BEARS S77°31'00"W 0.62' REBAR AND CAP) CAP L.S. #2376 REBAR AND CAP L.S. #ILLEGIBLE L.S. 416129 CORNER BEARS N89°01'48"W 0,72' CORNER BEARS MARSHALL _ REBAR AND CAP L.S. #16129 CORNER MUSTANG S84°19'13"W 0.98' SPLIT BEARS N88°10'44"W 0.81' cOSINA LEE HOLDINGS, LL; YUE REBAR AND CAP L.S. #ILLEGIBLE CORNER BEARS S69°40'18"E 0.56' REBAR AND CAP REBAR AND CAP L.S. #16129 L.S. #16129 (BENT) CORNER BEARS S80°46'28"W 1.11' CONTROLLING MONUMENTATION SCALE: 1" = 60' TITLE CERTIFICATE The undersigned, a duly -authorized representative of Pitkin County Title, Inc., registered to do business in Pitkin County, Colorado, hereby certifies that the person listed as owner of the Lubar Parcel on this map holds fee simple title to the real estate described hereon, free and clear of all liens and encumbrances except for the lien of the mortgagee named hereon. Although we believe the facts stated on this plat are true, this certificate is not to be construed as an abstract of title, nor an opinion of tifie, nor a guaranty of title, and it is understood and agreed that Pitkin County Title, Inc., neither assumes nor will be charged with any financial obligation or liability whatsoever on any statement contained herein. 2008 By: Address: STATE OF COLORADO) )SS COUNTY OF PITKIN) The foregoing Title Certificate was acknowledged before me this day of , 2008, by as of Pitkin County Title, Inc. WITNESS MY HAND AND OFFICIAL SEAL Notary Public My Commission Expires: My Address Is: This Lot Line Adjustment Plat of Salter/Lubar Lot Line Adjustment was approved by the City of Aspen this day of ,2008. SOPRIS ENGINEERING - LLC Community Development Director NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 sopris@sopriseng.com VICINITY MAP OI ALC. I - LUUU 1) DATE OF SURVEY: December 2007 - August 2008 2) DATE OF PREPARATION: August - September 2008 3) BASIS OF BEARING: A bearing of S 38°05'44" E between the found NGS stations S-159 and Q-159 per the 1998 City of Aspen/Drexel Barrell Control Survey which established a project bearing base of N 00°58'12" W between the southwest comer of Lot A, Daggs Historic Landmark Lot Split Subdivision Exemption, monumented by a #5 rebar and plastic cap stamped L.S. #9184, and the northwest comer of Block 102, Hallam's Addition to the City of Aspen, monumented by a #5 rebar, as shown hereon. 4) BASIS OF SURVEY: The Improvement Survey of 620 N. Third Avenue, prepared by Alpine Surveys under Job No. 94-1, updated 06/20/2006, The ALTA/ACSM Land Title Survey of Part of Lots 11 and 12, Block 12, Hallam's Addition to Aspen, The Daggs Historic Landmark Lot Split Subdivision Exemption, The Condominium Map of Martin Condominiums, The Marshall Lot Split, The Erdman Partnership Lot Split, The Hume Lot Split, The Nitze Lot Line Adjustment Plat, the Ownership and Encumbrance Report prepared by Title Company of the Rockies, Inc., under Order No. 0702471-0&E, dated April 25, 2008, the Memorandum of Ownership prepared by Pitkin County Title, Inc., dated April 23, 2008, various documents of record and the found monuments as shown hereon. 5) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determine ownership or easements of record. For all information regarding easements, rights -of -way and/or title of record SE relied upon the items outlined in Note 4. No title commitment was used in the preparation of this survey. 6) All references to recorded documents and plats indicated herein refer to the records of the Pitkin County Clerk and Recorder. 7) The deeds recorded as Reception No. 543946 and Reception No. 273099 have been rotated clockwise 00°58'12" to be consistent with the basis of bearing outlined in Note #3 above. 8) The perimeter boundary of Block 102, Hallam's Addition, was established based on a best fit position betweeen the found block and lot comer survey monuments and with platted Lake Avenue and Third Street Rights -of -Way. The Salter/Altemus property was positioned based on existing survey monuments found on the N1/2 of Block 102 and the Lubar property was positioned based on existing survey monuments found on the S1 /2 of Block 102, as shown hereon. This resulted in an overlap of 1.1' ± along the common line of these properties. 9) The purpose of this plat is to rectify said survey error overlap along the mutually agreed -upon, revised common lot line, which is intended to preserve/comply with established municipal code setbacks for the existing residence on said Lubar property, as shown on Sheet 2 of this plat. 10) Record city street monumentation, as shown on Sheet 2 of this plat, has been used to tie down the revised common boundary line between said properties in the interest of perpetuation and retraceability of said agreed -upon common boundary line. 11) This property is subject to the City of Aspen Land Use Code Section 26.480.030, which excludes area gained from lot line adjustment from allowable floor area calculations or other development rights. CITY COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL This Lot Line Adjustment Plat of Salter/Lubar Lot Line Adjustment was approved by the City Engineer of the City of Aspen this day of , 2008. Community Development Engineer SURVEYOR'S CERTIFICATE I, Mark S. Beckler, a registered land surveyor, do hereby certify that I have prepared this Lot Line Adjustment Plat of Salter/Lubar Lot Line Adjustment as laid out, platted, dedicated and shown hereon; that the same is based on field surveys performed under my supervision; that this meets the requirements of a Land Survey Plat as set forth in CRS Section 38-51-106; The control precision is greater than 1 in 10,000. No title commitment was used in the preparation of this Plat. Dated 2008 MARK S. BECKLER, P.L.S. # 28643 CLERK AND RECORDER'S ACCEPTANCE This Lot Line Adjustment Plat of Salter/Lubar Lot Line Adjustment is accepted for filing in the office of the Clerk and Recorder of Pitkin County, Colorado, at o'clock — M. this day of , 2006, in Plat Book on Page and Reception No. COUNTY CLERK AND RECORDER 27231.01 09/19/2008 27231_PLAT.DWG LOT LINE ADJUSTMENT PLAT OF: SALTER/LOBAR LOT LINE ADJUSTMENT SITUATED IN A PORTION OF THE E1/2 SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO THE PURPOSE OF THIS PLAT IS TO RECTIFY A SURVEY ERROR OVERLAP ALONG THE MUTUALLY AGREED -UPON, REVISED COMMON LOT LINE SHEET 2 OF 2 CITY MONUMENT AT INTERSECTION OF NORTH 6TH STREET AND WEST FRANCIS STREET BEARS S 68°07'04" W 1238.36' 335 LAKE AVENUE LOT A DAGGS HISTORIC LANDMARK LOT SPLIT SUBDIVISION EXEMPTION REC. #527634 REBAR AND CAP L.S. #9184 REBAR AND CAP L.S. #9184 FOUND T-POST SET REBAR AND CAP L.S. #28643 N 00°58'12" E 70.80' N. THIRD STREET �J I I SET REBAR AND CAP L.S. #28643 65' R.O.W. I S 89°01'48" E 6.60' 0 cq 0 620 N. THIRD STREET E.A. ALTEMUS PARTNERSHIP, LLLP 8,418 sq.ft.± 0.193 acres± PER REC. #543946 ALTEMUS/SALTER BOUNDARY REC. #543946 S 89°01'48" E (SEE NOTE #9) OLD FENCE POST LINE 6.60' /— (HISTORIC OCCUPATION BOUNDARY) T-POST N 89°01'48" W 115.04'--- N 89°01'48" W 115.00' LUBAR BOUNDARY BOUNDARY LINE ADJUSTED REC. #273099 PER THIS PLAT bo bo (SEE NOTE #9) cc � N w CV NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 108.42' N 00"58'12" E 0.36 610 N. THIRD STREET SHELDON B. LUBAR AND MARIANNE S. LUBAR 5,575 sq.ft.± 0.128 acres± PER REC. #273099 LAKE AVENUE 75' R.O.W. REBAR AND ALUMINUM CAP L.S. #ILLEGIBLE / REBAR AND CAP L.S. #9184 (ALTEMUS/SALTER) CORNER BEARS S76°38'06"W 1.25' 0 REBAR AND CAP L.S. #24303 REBAR AND CAP L.S. #15710 L=60.73' L=61.85' I CORNER BEARS S48°4l'l1"W 0.67' CORNER BEARS S77°31'00"W 0.62' R=560.94' R=698.51' D=6°12'13" D=5°04'24" N 89°01'48" W 28.65' T=30.40 T=30.95 N 74° REBAR AND CAP L.S. #ILLEGIBLE S03°05'20"E 60.70' S03°01'04"E 61.83' 1�10 CORNER BEARS N89°01'48"W 0.72' 600 N. THIRD STREET ROSINA LEE YUE REC. #521877 REBAR AND CAP L.S. #16129 CORNER BEARS N88°10'44'W 0.81' 315 LAKE AVENUE MUSTANG HOLDINGS, LLC REC. #419471 BOUNDARY DETAIL SCALE: 1"=10' REBAR AND CAP L.S. #16129 7 CORNER BEARS S84°19'13"W 0.98' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970)704-0311 sopris@sopriseng.com EXISTING WOODEN FENCE (TYP.) EXISTING RESIDENCE @ 610 N. THIRD STREET SHELDON B. AND MARIANNE S. LUBAR O 5,605 sq.ft.± —ASPENS 0.129 acres± �\ HATCH LEGEND OLD FENCE POST LINE (HISTORIC OCCUPATION BOUNDARY) LUBAR TO E.A. ALTEMUS, LLLP 166.52 sq.ft.± rn 620 N. THIRD STREET N N E.A. ALTEMUS, LLLP N 8,252 sq.ft± E.A. ALTEMUS, LLLP TO LUBAR 166.52 sq.ft.± i+ + 0.189 acres± ALTEMUS/SALTER PROP LINE PROPERTY LINE ADJUSTED PER REC. #543946 PER THIS PLAT O \— ASPEN 5.4' COTTONWOOD TREE SET REBAR AND CAP L.S. #28643 FOUND REBAR/ALUM. CAP 0.38' --� ILLEGIBLE L=60.73' S 00°58'12" W 73.20' R=560.94' I D=6°12'13" FOUND REBAR/CAP T=30.40 L.S. #9184 S03°05'20"E 60.70' r/ A LOT LINE ADJUSTMENT CITY MONUMENT AT INTERSECTION DETAIL OF GARMISCH STREET AND WEST FRANCIS STREET BEARS S 36°04'21" E 1268.88' SCALE: 1"=10' 27231.01 09/19/2008 27231-PLAT.DWG